United States of America v. Diovanni Carter

Boston, Massachusetts criminal defense lawyer represented Defendant, Diovanni Carter, charged with armed robbery.



A Boston man was convicted yesterday by a federal jury in relation to an armed robbery of a T-Mobile store in Brockton, where multiple gunshots were fired at Brockton Police Officers during a high-speed chase.



A jury convicted Diovanni Carter, 30, of Boston, yesterday of conspiracy to commit a robbery affecting interstate commerce, robbery affecting interstate commerce, and use and carrying, brandishing and discharge of a firearm during and in relation to the robbery. U.S. District Court Judge Allison Burroughs scheduled sentencing for July 7, 2020.



According to the trial testimony, on Jan. 26, 2019, Diovanni Carter orchestrated a plan with three other men to rob a T-Mobile store in Brockton. Diovanni Carter drove the group from Boston to Brockton. When they arrived, the three men went into the store carrying semi-automatic firearms that they pointed at the store manager, demanding cash and electronics, while Diovanni Carter waited in the getaway vehicle. During the robbery, the store manager was struck in the head with the firearm. The three men stole approximately $25,000 in cash and electronics, left the store, and entered the getaway vehicle driven by Diovanni Carter.



Brockton Police responded and located the getaway vehicle. A high speed chase ensued through residential neighborhoods reaching speeds of over 70 mph. During the chase, Diovanni Carter ordered the other men in the car to fire their weapons at the pursuing police cruisers as part of their effort to escape. In total, at least eight rounds were fired at the police. The suspects then abandoned the car nearby and ran on foot.



During the search by law enforcement, the stolen phones and cash and the three firearms used in robbery were recovered. Darius Carter, Stephan Rosser-Steward and a third man were apprehended shortly after the robbery. They were wearing clothes consistent with those worn in store video surveillance. Diovanni Carter was not apprehended that night.



Through the investigation, a warrant was obtained for Diovanni Carter�s arrest, and he remained a fugitive from state charges until March 5, 2019, when he was apprehended.



The charge of interference with commerce by robbery provides for a sentence of up to 20 years in prison, five years of supervised release and a fine of up to $ 250,000. The charge of being a felon in possession of ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of use of a firearm during the commission of a crime of violence provides for a sentence of up to life in prison, and a mandatory consecutive term of imprisonment ranging from: five years for the possession of a firearm, seven years for the brandishing of a firearm and 10 years for the discharge of a firearm. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.



U.S. Attorney Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Christopher S. Mason, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy Cruz; Plymouth County Sheriff, Joseph D. McDonald, Jr.; and Brockton Police Chief Emanuel Gomes, made the announcement. AUSA Glenn MacKinlay Chief of Lelling�s Organized Crime and Gang Unit and AUSA Philip Mallard of the Organized Crime and Gang Unit prosecuted the case. Members of the Quincy Police and Boston Police also provided valuable assistance to the investigation.



18:1951(a) - CONSPIRACY TO INTERFERE WITH COMMERCE BY ROBBERY

(1)

18:1951(a)- CONSPIRACY TO INTERFERE WITH COMMERCE BY ROBBERY

(1s)

18:1951(a); 18:2 - INTERFERENCE WITH COMMERCE BY ROBBERY

(2)

18:1951(a); 18:2 - INTERFERENCE WITH COMMERCE BY ROBBERY

(2s)

18:924(c)(1)(A); 18:2 - DISCHARGING, BRANDISHING, USING, AND CARRYING A FIREARM IN RELATION TO A CRIME OF VIOLENCE

(3)

18:924(c)(1)(A); 18:2- DISCHARGING, BRANDISHING, USING, AND CARRYING A FIREARM IN RELATION TO A CRIME OF VIOLENCE

(3s)

18:922(g)(1) - FELON IN POSSESSION OF A FIREARM AND AMMUNITION

(4)

03/12/2020 210 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Jury Trial Day 9 as to Diovanni Carter held on 3/12/2020. Jury resumes deliberations and reaches a verdict. Defendant is guilty on Counts 1,2,3 and Not guilty on Counts 4 and 5.(Attorneys present: AUSA MacKinlay, AUSA Mallard, Sultan. )Court Reporter Name and Contact or digital recording information: Kathleen Silva at kathysilva@verizon.net. (Folan, Karen) (Entered: 03/17/2020)

03/12/2020 211 JURY VERDICT as to Diovanni Carter (1) Guilty on Count 1s,2s,3s. Diovanni Carter (1) Not Guilty on Count 4s,5s. (Folan, Karen) (Entered: 03/17/2020)

03/12/2020 212 ELECTRONIC NOTICE OF HEARING as to Diovanni Carter. Sentencing set for 7/7/2020 11:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 03/17/2020)

03/12/2020 213 TRIAL EXHIBIT/WITNESS LIST as to Diovanni Carter. (Folan, Karen) (Entered: 03/17/2020)

03/12/2020 214 Copy of Jury Question as to Diovanni Carter (Folan, Karen) (Entered: 03/17/2020)

03/12/2020 215 All trial exhibits as to Diovanni Carter returned to the government. (Folan, Karen) (Entered: 03/17/2020)