![]() ![]() ![]() Kelly on Tuesday declined to comment about the Norfolk DA’s opposition to his motion to dismiss. This period is calculated from the most recent finding or conviction. “ But as the Supreme Judicial Court has made clear, the fact that a minor died in an accident does not mean that there is probable cause the defendants engaged in reckless or wonton conduct that endangered the life of a child.” As stated in Massachusetts General Laws Chapter 90, Section 20, the RMV will suspend or revoke your learner's permit, driver's license, or right to operate for 30 days if you are found responsible for 3 speeding tickets (including out-of-state offenses) in any 12-month period. “The facts of this case revolve around an absolute tragedy - a young man ten days’ shy of his eighteenth birthday drowned at a high school graduation party hosted by the Defendants,” Kelly wrote in the filing. The Coughlins’ defense attorney - Brian Kelly of Nixon Peabody LLP - last month filed a motion to dismiss, arguing that the police had not established probable cause for the reckless endangerment charge. “The defendants took no steps to insure that those who were around the pool could swim nor did they instruct the teenage partygoers to refrain from entering the pool or rough-housing around the pool,” the prosecutors wrote, later adding, “The defendants’ failure to maintain proper lighting and allowing those teenage partygoers to drink and gather surrounding the open pool in the middle of the night and after midnight amplified the gravity of danger and recklessness of their conduct.” While Polk wasn’t intoxicated, the Coughlins’ “furnishment of alcohol directly contributed to the risk of substantial injury,” the DA’s Office said. “The defendants’ reckless conduct created a substantial risk of serious bodily injury to all teenagers present, including Alonzo Polk, who drowned shortly after midnight on June 6, 2021,” they added. “… The evidence… shows that the defendants engaged in wanton and reckless conduct by consciously disregarding the substantial risks associated with furnishing alcohol to teenagers and leaving them unsupervised in and around a dark, poorly lit pool after midnight,” the prosecutors wrote in the filing. They have pleaded not guilty to both counts and are seeking that the reckless endangerment charge gets tossed.Īhead of a Thursday hearing in the case, the Norfolk District Attorney’s Office reiterated in a court filing that there was probable cause to bring the charge. ![]() The Coughlins are both facing two charges in connection to the incident: reckless endangerment of a child and furnishing alcohol to minors. They hosted a graduation party at their Dedham home last June when 17-year-old Alonzo Polk drowned. The Norfolk County District Attorney’s Office has filed an opposition to the motion to dismiss from the defense attorney of James Coughlin and his wife, Leslie. Norfolk County prosecutors are not backing down as a former Massachusetts State Police captain tries to get a charge tossed in connection with a teen drowning in his backyard pool during a boozy high school grad party. ![]()
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