David R. Parker, 25, of 7 East Evergreen Road in Natick, was arrested on Monday, October 22, and charged with unarmed robbery and disorderly conduct, according to the Metro West Daily News. The arrest occurred around 1:30 p.m. outside of a Dunkin' Donuts on 245 North Main Street in Natick.
Witnesses claim they saw Parker and a woman yelling and struggling before Parker allegedly ran away with her purse. Witnesses reportedly stopped and held Parker until police arrived. Parker claims he was trying to get $200 back that his ex-girlfriend stole from him.
Parker posted $200 bail after his arrest. However, the probation department asked for Parker to be held on a probation detainer. Parker was placed on probation last month for assault and battery with a dangerous weapon, based on a Framingham arrest in 2011. The judge at the Framingham District Court did not order Park to be held on the probation detainer. Rather, the judge increased the bail to $400. Parker is due back at the Framingham District Court for a pretrial conference on November 4th.
Parker's claim that he was only trying to get the $200 back that his ex girlfriend stole from him did not persuade the judge to dismiss the charges against him. However, Parker has not been convicted, yet. The Commonwealth must prove that he robbed the alleged victim beyond a reasonable doubt in order to convict him.
In order to prove Parker guilty of unarmed robbery, the Commonwealth must prove three elements beyond a reasonable doubt. The first element the Commonwealth must prove is that Parker either applied actual force and violence to the body of the alleged victim or put the alleged victim in fear by threatening words or gestures. The commonwealth must also prove that the defendant took the money or other property with the intent to steal it. Finally, the Commonwealth must prove that the defendant took the money or other property from the immediate control of the victim. If the Commonwealth is successful in convicting Parker, he could be facing up to life in prison.
An experienced attorney could help Parker assess his possible defenses and decide on the best course of action. The Fifth Amendment could help him overcome these charges. Parker's alleged victim is his former girlfriend. Parker claims that she stole money from him that he was trying to recover. His former girlfriend may want to "take the Fifth" in this case and not implicate herself in any possible crimes by testifying against him, including theft or assault and battery due to the alleged struggle that ensued between them. However, because this incident happened outside of a Dunkin Donuts, there are other witnesses that the Commonwealth may call. Therefore, even if his former girlfriend exercises her Fifth Amendment right not to testify against him, the Commonwealth may be able to convict Parker based on the other witnesses' testimony. Additionally, even if the money Parker took belonged to him, he allegedly stole his former girlfriend's entire purse, not just the money. The Commonwealth could make a successful case for robbery based on the taking of the purse, even if the money inside belonged to Parker.
Parker needs an experienced Massachusetts robbery attorney to help him beat the charges he's facing. If you are facing a charge of robbery, contact Attorney Cappetta today.