Second conviction affirmed in 2007 murder of innocent bystander
The second conviction in the 2007 murder of innocent bystander Fausta Sanchez, 21, has been affirmed in court, the Suffolk District Attorney’s office said in a statement Wednesday.Authorities said 49-year-old Joseph Gomes will stay in prison after his appeal was denied in the 2007 Roslindale drive-by shooting that killed Sanchez. In 2015, Gomes’ co-defendant and nephew, 32-year-old Emmanuel DaSilva, also had his conviction affirmed.Gomes was convicted in 2010 of first-degree murder, four counts of armed assault with intent to murder, two counts of assault with a dangerous weapon, assault and battery with a dangerous weapon, and aggravated assault and battery with a dangerous weapon, and was sentenced to life in prison and a subsequent term of 17 to 18 years, according to the DA’s office.In his appeal, Gomes argued that the trial judge made a mistake in allowing certain testimony and witness questioning, not allowing a requested jury instruction, and introducing specific testimony, the DA’s office said. The court, finding no error or abuse by the judge, rejected his arguments.Prosecutors said during the trial that Gomes and DaSilva were upset because of a drive-by shooting that occurred on February 13, 2007, at the home of their relatives on Langdon Street. No one was injured in the shooting, according to authorities.The DA’s office said Gomes and DaSilva drove to Maywood Street, where they found a vehicle involved in the earlier shooting. In retaliation, they shot at a group of men standing near the vehicle, none of whom were involved in the earlier incident, according to authorities.Sanchez later died at a local hospital, the DA’s office said. Two other men were struck by the gunfire, including an 18-year-old who was permanently disabled as a result.“This defendant, like his convicted confederate, received a fair trial based on the facts, the evidence, and the law,” Suffolk District Attorney Daniel Conley said. “An innocent victim paid the ultimate price for their choice to use deadly violence on a residential street. Thanks to the tireless work by Suffolk prosecutors and Boston Police homicide detectives from start to finish, the jury called that murder, and I hope Mr. Sanchez’ loved ones can take some comfort in the finality this decision brings them.”
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