Massachusetts Criminal Lawyer Blog
On December 23, 2025, WM, a 16 year old juvenile drove his car (a white Honda Accord) to the parking lot of a shopping plaza in Tewksbury. It was about 11:00 am and school had released early that day. There was a flock of seagulls gathered together in the parking lot. At about the same time the police received a 911 call of 2 dead seagulls in the parking lot. The police responded to the parking lot and observed the 2 dead seagulls. The police began an investigation and were able to obtain video footage from a number of the stores in the plaza. The police report recites: “I then observed … a white sedan believed to be a Honda Accord, enter the Aubuchon Hardware Parking lot from the south entrance. The vehicle then proceeds across multiple rows of empty parking spots directly towards the small area where the birds were located. The vehicle appears to acceleraste to an unreasonable speed for the area and intentionally strike the seagulls.” Through further investigation the police were able to identify WM as the operator of the vehicle that struck the birds. The police then conducted an interview with WM and one of his parents and he “admitted to seeing the birds, driving through them and striking them with his vehicle”.
The police charged WM in Lowell Juvenile Court with two counts of Animal Cruelty (a felony) and one count of Negligent Operation of a Motor Vehicle. WM’s parents met with and retained Attorney Robert Lewin from Andover. Attorney Lewin learned that WM had never been in trouble before and that he was excellent student in school. Attorney Lewin immediately contacted the Middlesex County District Attorney’s Juvenile Diversion Program. Technically, WM’s case was not eligibile for what is called DA Diversion. Nevertheless, Attorney Lewin pressed the DA’s Office to allow WM into the Diversion Program. (The Diversion Program is extremely beneficial to an accused as it REMOVES THE CASE from the juvenile (criminal) justice system and ends up in the case being DISMISSED and NO CRIMINAL OR JUVENILE RECORD gets created.
On March 19, 2026, WM’s case was set for arraignment. WM and both of his parents along with Attorney Lewin appeared in Lowell Juvenile Court. When the case was called Attorney Lewin explained to the Judge that he had been in extensive discussions with the DA’s Office about referring WM to the Juvenile Diversion Progtram. Attorney Lewin asked the Judge to postpone WM’s arraignment for one month to allow the Diversion Program to make a decision about accepting or rejecting WM’s case. (It is the taking place of the arraignment that creates an entry in the CORI [Criminal Offender Record Information] System; as long as the arraignment does not take place, no record gets created.) The Judge and the DA agreed to the continuance of the arraignment and the case was set down for April 23, 2026, for arraignment or possible diversion. WM and his parents and Attorney Lewin then met with the people from the Diversion Program and the DA’s Office agreed to take WM into the Diversion Program. (It is important to note that the charges against WM were NOT eligible for diversion; nevertheless Attorney Lewin was successful in getting the DA’s Office to agree to diversion. This was the direct result of thorough and persuasive advocacy by Attorney Kewin on WM’s behalf.)