By CHARIS ANDERSON
Standard-Times staff writer
March 25, 2008 6:00 AM
NEW BEDFORD — A New Bedford man was arrested Monday on murder charges connected with a 2005 killing in the city's South End.
Fagbemi Miranda, 31, is accused of collaborating with his brother, Wayne, to shoot and kill Christopher Barros in October 2005.
Wayne Miranda was arrested shortly after the shooting and charged with murder, according to Gregg Miliote, a spokesman for District Attorney Sam Sutter. He is being held without bail while awaiting trial.
Fagbemi was indicted by a Bristol County Grand Jury Friday, and New Bedford police tracked him to his home at 439 Purchase St. Monday afternoon, according to Mr. Miliote.
Mr. Miranda tried to fight off two police officers who were taking him into custody, according to Lt. Jeffrey Silva, New Bedford police spokesman. During the struggle, Mr. Miranda's pit bull burst into the room and leapt onto an officer; the pit bull was shot and killed, Lt. Silva said.
The 25-year-old Mr. Barros was shot in the city's South Central neighborhood on Oct. 10, 2005, after what witnesses described as an argument between Mr. Barros and Mr. Miranda.
As the fight between the two men escalated, Wayne Miranda allegedly emerged from his home at 439 Purchase St. with a gun and, along with two or three other men, chased Mr. Barros into a nearby driveway and allegedly shot him twice.
At the time of the shooting, Fagbemi Miranda gave police a dramatically different version of the story, saying he had been chased by a masked man with a gun who had fired two shots at him before he was able to escape.
Wayne, a Monte Park gang member with a long arrest record, had been arrested in 2003 on a gun charge for which then-City Councilor Joseph Fortes was a key witness.
A police report at the time of Wayne's arrest on the gun charge stated Mr. Fortes told police he saw Wayne with a gun in the city's South Central neighborhood. According to police, Mr. Fortes drove by the officers arresting Wayne and identified him over the phone to detectives as the man he had seen with a gun.
During Mr. Fortes' testimony at the trial, however, he said he never saw Wayne with a gun. He just relayed reports of a gunman to police through then-Mayor Frederick M. Kalisz Jr.
At a City Council meeting after Mr. Barros' death, then-District Attorney Paul Walsh lashed out at Mr. Fortes, saying the shooting could have been prevented if Wayne had been successfully prosecuted on the 2003 gun charge.
Fagbemi Miranda is charged with murder, unlawful carrying of a firearm without a license and assault and battery with a dangerous weapon, according to Mr. Miliote. He will be arraigned in New Bedford Superior Court today.
By Curt Brown
Standard-Times staff writer
March 27, 2008 6:00 AM
NEW BEDFORD — A longtime Bristol County prosecutor said Wednesday he will not buckle to threats against his life, made by a 31-year-old man accused of a 2005 murder.
Fagbemi Miranda shouted out in New Bedford District Court on Tuesday that he would kill prosecutor Raymond P. Veary Jr. because law enforcement killed his dog.
Police shot Mr. Miranda's pit bull when they arrested him Monday on a murder warrant at his home on Purchase Street.
Mr. Veary was undeterred by the threat.
"It's part of the job," Mr. Veary said. "You make a career decision to prosecute serious assaults and murders and you have to be prepared that some of them will harbor ill feelings towards you."
Mr. Veary said he doesn't know exactly what Mr. Miranda said in District Court, saying he only heard Mr. Miranda shout his name a couple of times, but didn't know what else the defendant said.
Asked how he intends to take the threat, Mr. Veary replied, "Seriously, but I am not going to be distracted by it."
Mr. Veary has been a prosecutor for 22 years, serving under District Attorneys John Tierney, Ronald A. Pina, Paul F. Walsh Jr. and now C. Samuel Sutter.
The assistant district attorney is assigned to "almost exclusively" prosecute violent crimes and homicides, including gang-related offenses.
Mr. Veary spends much of his time urging witnesses to come forward and testify.
"If I am going to persuade people to show the courage and responsibility to stand up against the brutes of our society, then I ought to do the same," he said.
The threats were made after Mr. Miranda was arraigned on a charge of resisting arrest. The suspect, who had to be restrained by court officers, was then quickly removed from the courtroom.
Later that afternoon, Mr. Miranda was arraigned without incident in New Bedford Superior Court on charges of murder, assault and battery with a dangerous weapon and illegal possession of a firearm in the shooting death of Christopher Barros, 25, on Oct. 10, 2005.
His brother, Wayne Miranda, is also charged with murder in Mr. Barros' death. Fagbemi and Wayne Miranda are being held without bail.
Mr. Veary said it is "unfortunate" Mr. Miranda's dog was killed when it allegedly attacked police, but he is not responsible for the dog's death.
"I didn't do anything to his dog," the prosecutor said.
Gregg Miliote, a spokesman for Mr. Sutter, said the threats are being investigated and Mr. Miranda will be charged if a criminal charge is warranted.
"It is being investigated," Mr. Miliote said. "We are taking the matter very seriously. Obviously, no one wants to see prosecutors allegedly being targeted or potentially intimidated. That does not help justice."
The District Attorney's Office has a strong policy regarding intimidation.
"We do not tolerate intimidation or threats of any kind," Mr. Miliote said. "If the facts show that a specific threat was made, we will prosecute to the fullest extent of the law."
Although Mr. Miliote said he couldn't discuss the facts since the incident is under investigation, investigators plan to review the video and audio tape of the court proceedings.
The District Attorney's Office plans to interview court officers and others who were in the courtroom at the time of the incident.
Mr. Miliote said threatening to do bodily harm carries a 2½-year maximum sentence, and intimidation of a witness is considered a 10-year felony. Both could be lodged as possible charges in the incident.
He said that, although Mr. Veary is not a witness, investigators and prosecutors are included under the intimidation law.
Mr. Miliote said both state and New Bedford police fired shots at Mr. Miranda's dog, and a review is under way to determine which department killed the animal.
Mr. Veary said this is not the first time he has been threatened while prosecuting cases.
"This is part of the job. It's not a welcomed part of the job, but I recognize it's occasionally something that has to be endured," Mr. Veary said.
Mr. Veary had his own practice from 1991 to 2000. When he returned to prosecutorial duties, he noticed the streets were tougher and there was an unwillingness for many witnesses to testify.
"Trying to get people to come forward and get them to recognize their responsibility lies right at the core of what I'm doing in this office," he said.
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