NEW BEDFORD — The first defendant Bristol County District Attorney C. Samuel Sutter argued to have held without bail using an unusual, broad interpretation of the state's "dangerousness statute" accepted a guilty-plea deal for 2½ years in prison yesterday. Mr. Sutter said the case of Nestor Hernandez, 24, shows his new gun prosecution policy is working. "It was an almost textbook example of the way my policy can work," he said. "This is the message that I want to send out — that gun cases are going to be prosecuted swiftly and firmly." After successfully arguing to have Mr. Hernandez held as dangerous for up to 90 days earlier this year, the district attorney said he will seek the same treatment for anyone caught with a high-capacity firearm. His office has brought in 10 defendants for dangerousness hearings and had nine of them held. Mr. Hernandez was arrested during a state police raid on his sister's residence at a Fall River apartment complex Jan. 25. Investigators found a loaded, unsecured, .38-caliber, semiautomatic handgun behind a television stand in Mr. Hernandez's niece's room. When they searched Mr. Hernandez, they found marijuana and packaging materials. On Jan. 26, Mr. Sutter appeared in Fall River District Court to argue Mr. Hernandez's dangerousness in person, rather than going the usual route of letting an assistant handle the case. He was successful then, and again in February when the defense appealed the ruling to New Bedford Superior Court.
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