A city man is facing charges stemming from an incident in which he allegedly stole thousands of dollars from an elderly relative in his care.
City police report that, early in the morning of March 21, a Noble Avenue resident called police to report that an 88-year-old neighbor had come to his door asking that he call police for her because her nephew had robbed her the night before.
Officer Francis Gaulin responded to the call and reports the victim said that about 10 p.m. the night before, her great-nephew, Eric J. Lemire, 40, of 41 Noble Avenue, who lives with her and provides care for her, returned home and entered the living room where she was laying down and turned out the light.
The woman said that Lemire then stole a strong box she keeps next to the fireplace and left her house.
The victim told Gaulin that she found the telephone inoperative when she tried to call police and, because she can walk only with a walker, she could not make contact with anyone until daylight when she was able to make her way to a neighbor’s house.
Gaulin reports her neighbor found that the telephone had been unplugged.
The investigation was assigned to Detective Anthony Tsatsos who subsequently applied for a warrant on charges of assault and battery (neglect) upon an elderly person and larceny of property valued more than $250.
In his application for the warrant, Tsatsos said that the strong box stolen contained the bulk of the funds realized when the victim redeemed a certificate of deposit valued at more than $14,000.
The victim said that, since Lemire lives with her and is responsible for her care, he knew where the strong box was kept and was aware that the money was in it when he stole it.
Tsatsos reports that Lemire did not respond to telephone calls nor did he return to his residence at the victim’s house and thus the warrant was sought on March 22.
Lemire surrendered himself at Westfield District Court on April 17 and was arraigned before Judge Philip A. Contant on charges of permitting abuse on an elderly or disabled person and larceny of property valued more than $250.
He was held on $1,500 cash bail pending a July 3 hearing.
When setting bail, Contant noted that the “defendant has at least seven prior appearance defaults, with multiple defaults on some cases, as well as additional post-deposition defaults.”
Lemire was charged under Chapter 265 Section 13/K of the Massachusetts General Laws and the penalty prescribed upon conviction under the statute is not more than a three-year term in state prison or not more than a two and a half-year term in a house of correction or a fine of up to $5,000 or both imprisonment and a fine.
The penalty for the larceny charge, under Chapter 266 Section 30/A, is not more than five years in prison or not more than two years in jail and a fine of not more than $25,000.
The maximum term that may be imposed in district court is two and a half years in a house of correction.
