The Dow Jones industrial average increased 67 points and closed the session at 17,074.

By BERNARD CONDON

NEW YORK -- Stocks wavered throughout the day but managed to eke out modest gains Monday as oil prices rose.

Investors bought drillers, refiners and other energy companies as the three-week rise in crude continued. Six of 10 industry sectors in the Standard & Poor's 500 rose, helping the index extend its winning streak to a fifth day.

The ride up was bumpy, though, and the gains were slight. The S&P 500 gained just 0.09 percent. That was its smallest increase in seven weeks.

"Today's volatility is mostly about a little profit-taking and taking a pause after such a strong advance in recent days," said Jim Paulsen, chief investment strategist at Wells Capital.

The Dow Jones industrial average increased 67.18 points, or 0.4 percent, to 17,073.95. The S&P 500 edged up 1.77 points to 2,001.76. The Nasdaq composite, which is heavily weighted with technology stocks, gave up 8.77 points, or 0.2 percent, to 4,708.25.

Shares of consumer products and technology companies fell. Chipmaker Micron Technology fell 30 cents, or 2.5 percent, to $11.58.

With no big U.S. economic or earnings announcements, news from abroad appeared to drive much of the trading.

The price of iron ore jumped 17 percent on news over the weekend that China plans to run up its deficit to stimulate its economy. China is the world's largest buyer of this raw material for steel, and mining companies soared on the news. Cliffs Natural Resources rose 54 cents to $3.43, a gain of 19 percent.

China also lowered its official growth target this year to 6.5 to 7 percent. The slowdown has been rattling markets, although fears that the trouble could spill over into the U.S. economy have eased in recent weeks as encouraging U.S. data suggest growth is solid. On Friday, the government reported that employers added 242,000 jobs to their payrolls last month, more than had been expected.

"The market is correctly pricing in a lower chance of global recession or U.S. recession," said Brian Nick, head of tactical asset allocation at UBS Wealth Management Americas.

Investors are anxious over a policy meeting of the European Central Bank on Thursday as inflation across the 19-country eurozone has fallen back below zero. They expect further stimulus from the central bank, possibly including a cut in deposit rates further into negative territory. The Bank for International Settlements, which helps coordinate monetary policy around the world, warned on Monday of a "gathering storm" as central banks run out of room to stimulate their economies.

European markets were mostly lower, with France's CAC-40 and Britain's FTSE 100 each losing 0.3 percent. Germany's DAX dropped 0.5 percent.

Benchmark U.S. crude added $1.98, or 5.5 percent, to close at $37.90 a barrel on the New York Mercantile Exchange.

The 10 biggest gainers in the S&P 500 were drillers and other energy-related companies. Murphy Oil rose $2.99, or nearly 13 percent, to $26.69.

In Asia, Tokyo's Nikkei retreated 0.6 percent and Hong Kong's Hang Seng shed 0.1 percent. Seoul's Kospi advanced 0.1 percent.

In other energy trading, Brent crude, which is used to price international oils, rose $2.12, or 5.5 percent, to $40.84 a barrel. Wholesale gasoline rose 6.1 cents to $1.393 a gallon, heating oil rose 6.1 cents to $1.223 a gallon and natural gas rose 2.4 cents to $1.69 per 1,000 cubic feet.

U.S. government bond prices fell. The yield on the 10-year Treasury note rose to 1.90 percent from 1.87 percent on Friday. The euro rose to $1.1013 from $1.0999 and the dollar fell to 113.27 yen from 114.02 yen.

Precious and industrial metals futures ended mixed. Gold fell $6.70 to $1,264 an ounce, silver slipped six cents to $15.63 an ounce and copper rose a penny to $2.28 a pound.

The vote was unanimous in confirming Senez, as appointed by Mayor Domenic Sarno.

SPRINGFIELD --The appointment of retired Col. Ronald Senez to the five-member License Commission, was confirmed Monday night by members of the City Council, with councilors praising his military service and commitment to the community.

The vote was unanimous in confirming Senez, as appointed by Mayor Domenic J. Sarno.

Senez will replace Denise Kelsey,and is the second new member of the commission in recent weeks. The council recently confirmed the appointment of Rosa L. Espinosa to replace Jose Claudio, who had resigned.

Senez is a retired Army National Guard colonel, and is a Vietnam veteran who was honored in 2002 as the city's Veteran of the Year.

He lives on Garfield Street and and is a senior sales representative for Mylan Specialty.

Following the council vote, Senez was invited to speak, and thanked councilors for their "kind words."

Senez said he "gave back to my country for 34 years," and now wants to give back to his city.

Councilors praised his service past and future.

Councilor Timothy Rooke said that when he thinks of Senez, he thinks of "integrity and character."

Councilor Justin Hurst said Senez clearly has given much back to his country and community "and this is icing on the cake."

Councilor Timothy Allen said Senez gave very impressive answers during his subcommittee interview. As a License Commission member, he shows both the flexibility and respect needed for the position, he said.

The License Commission oversees all liquor serving businesses.

Other councilors who praised Senez personally included E.Henry Twiggs and Kateri B. Walsh.

Millside Park will be a better locale for the event, said Stonecutters vice president Michael Perrier.

EASTHAMPTON -- A motorcycle-themed rock-'n-roll charity fundraising festival set for May 1 will not take place at the Fort Hill Brewery as originally planned, but will instead be staged at the city-owned Millside Park at 2 Ferry Street. 

Members of the Stonecutters Chapter of the Widows Sons Motorcycle Riding Association, based in Westfield, appeared before the licensing board Monday to talk about their change in plans for "Thunder in the Valley."

The decision to move the festival was done partly out of respect toward neighbors of the brewery on Fort Hill Road, said Stonecutters vice president Michael Perrier. But other factors, such as the availability of restrooms, ample parking, outdoor power and an existing band shell also played into the decision, Perrier said.

Perrier said that Fort Hill Brewery will set up at the park and pour beer. He credited city planner Jessica Allan, Easthampton's Parks and Recreation and Health departments, and Fort Hill Brewery owner Eric Berzins with cooperating to forge the solution.

"We all sat down after last month's meeting," said Perrier. "Millside Park is actually a much better location."

Fort Hill Brewery at 30 Fort Hill Road has had an uneasy relationship with its neighbors, who have complained about noise and traffic. Last year neighbors fought the brewery's bid for a special permit that would allow live, amplified music and the pouring of pints on-premise. The brewery prevailed in December when the Planning Board issued such a permit.

When the Stonecutters appeared before the Licensing Board in February to seek a one-day alcohol license to hold the festival at Fort Hill Brewery, one such neighbor raised questions about liability, causing the board to postpone its decision until its March meeting.

The decision to grant the Stonecutters a one-day license to hold their festival at Millside Park instead of at Fort Hill was granted unanimously on Monday night.

"Thunder in the Valley" will feature a group ride through western Massachusetts, a New England pro wrestling exhibition, and entertainment by LA's Backstage Pass, a cover band that plays the likes of KISS, ACDC, Ozzy Osbourne, Bon Jovi, and Motley Crue.

The event will be open to the public for a $5 fee, and non-profit agencies will be invited to set up tables. All proceeds from the event, after expenses are met, will go to charity, said Perrier.

Mary Serreze can be reached at mserreze@gmail.com

The bill filed by state Rep. Ann-Margaret Ferrante provides that a person who, in good faith, enters a police station and seeks assistance or treatment for a drug-related addiction "shall not be charged or prosecuted for possession of a controlled substance," if the evidence for such a charge was gained as a result of the addict seeking treatment.

By COLIN A. YOUNG

BOSTON - Though they are more accustomed to working together, police officials and district attorneys found themselves testifying Monday on opposite sides of a bill allowing addicts seeking recovery to turn in heroin and other drugs without the threat of prosecution.

The bill filed by state Rep. Ann-Margaret Ferrante provides that a person who, in good faith, enters a police station and seeks assistance or treatment for a drug-related addiction "shall not be charged or prosecuted for possession of a controlled substance," if the evidence for such a charge was gained as a result of the addict seeking treatment
.
Ferrante, a Gloucester Democrat, said she filed the bill to allow other municipalities to implement programs similar to the one Gloucester Police Chief Leonard Campanello started about eight months ago. Campanello's so-called "Angel Program" allows people to surrender their drugs to the police and be steered towards addiction recovery programs rather than be arrested. To date, the program has served more than 400 people, Campanello said.

Dr. Daniel Muse, who works as a consultant to the Massachusetts District Attorneys Association, told the Joint Committee on the Judiciary that the bill could open up police departments to greater liability and could raise concerns about entrapment if an addict seeking help is arrested for an outstanding warrant not related to the drugs they surrender.

"We potentially create false expectations and even greater frustrations for those suffering from addiction," he said. "As these efforts do increase, we run the risk of having many addendums to our present laws, which will result in inconsistencies and redundancies in policies."

Norfolk District Attorney Michael Morrissey and Berkshire District Attorney David Capeless introduced Muse. Morrissey said Capeless, who serves as president of the Massachusetts District Attorneys Association, has not taken a firm position on the bill but, "generally speaking, I think if he did it would probably not be favorable." Capeless did not address the committee himself.

When Gloucester first started its program, Ferrante said, the Essex County district attorney was resistant, saying the program wouldn't work, and that it would be too costly, or that there were not enough treatment beds to be able to help everyone who would try to take advantage of the program.

"If Gloucester had heeded that advice, we would have had 400 potential overdoses in our community," she said. "But because we said it is time to do something bold,
because we are tired of going to wake after wake after wake and seeing our brothers, our sisters, our cousins, our friends in caskets, we did something. And I'd like to think we assisted in the salvation and provided a path of redemption to 400 people."

Ferrante and Campanello also countered what they said was the other argument against the bill from prosecutors that police departments don't have the authority to decline to arrest a person who brings drugs into their station.

"When police departments were arresting addicts and putting them into the district attorneys diversion programs no one complained. When we took addicts and gave them deals if they turned over their dealers and asked the district attorneys to help us facilitate that deal, they weren't complaining," Campanello said. "When police departments decided to help and invite addicts into their homes, so to speak, and offer help before a charge, only then we heard it is possible we're legally outside our boundary."

The suggestion from district attorneys and others that police officers don't have enough training to be able to decipher between someone legitimately seeking help with an addiction and someone looking to avoid being charged with drug possession, is an insulting one, Campanello said.

"Police officers aren't idiots. They know the difference between someone looking for help and someone trying to get out of a charge," he said. "And to have the DA say that we need more training in substance abuse is a slap in the face to every police officer out there, quite frankly, because we've been doing this in and out and watching the addicts every single day."

Though other cities have already begun to adopt the Gloucester model, Campanello said having the Legislature pass Ferrante's bill would provide cover for departments that may be uneasy launching a program that the local district attorney says may not be acceptable.

Senate Minority Leader Bruce Tarr, a Gloucester Republican, on Monday sent a letter to the Judiciary Committee supporting Ferrante's bill with the caveat that the bill's language be changed from "...shall not be charged" to "...may not be charged" to avoid striping law enforcement officers of their discretion in such cases. Ferrante, too, suggested the change to the committee during the hearing.

Before testifying in front of the Judiciary Committee, Ferrante highlighted the progress made in Gloucester and her bill at a press conference with Campanello; Arlington Police Chief Frederick Ryan; Sutton Police Chief Dennis Towle; President of the Central Massachusetts Chiefs of Police Association; Essex County Sheriff Frank Cousins Jr.; John Rosenthal, co-founder of the Police Assisted Addiction and Recovery Initiative; members of East Bridgewater HOPE for Recovery and the East Bridgewater Police Department; Steven Tolman, president of the Massachusetts AFL-CIO; and Sarah Gordon Chiaramida, of the Massachusetts Association of Health Plans.

While opponents claim the 'old landfill' is polluting groundwater, the town says the facility is the perfect place for a solar array.

AMHERST -- A group of Amherst residents continue to fight plans by the town to build a solar array on top of an old landfill, claiming that the former dump, which closed in 1986, was never properly capped and is allowing leachate to contaminate groundwater.

Amherst has two capped landfills -- the so-called "old landfill" to the south of Belchertown Road, and the "new landfill" to the north. Solar arrays are planned for both facilities. It's the proposal for the older landfill which has drawn controversy, with the town refuting the findings of an outside engineering firm hired by opponents.

Monitoring wells show the presence of the carcinogen 1,4-dioxane down-gradient from the landfill, according to an Dec. 31 report by Roux Associates, an engineering firm retained by the group Amherst Residents for Environmental Accountability.

Town officials counter that the 1,4-dioxane results are "anomolous" and the result of a technical error, and that the landfill poses no threat to public health, is structurally sound, and the right place to build a 2.8-megawatt solar farm, which in its first year could earn the town $47,500 in net-metering credits and $41,500 in tax revenues.

Amherst's Water Supply Protection Committee voted 3-1 on Feb. 25 to recommend an extra test at the monitoring well where a high level of 1,4-dioxane was detected in a single sample in July 2012, according to blogger Larry Kelley. That well is within a designated "Zone II" protection area for drinking water supply. The town tests annually at 15 sites for contamination from the two closed landfills.

Amherst officials are in the process of crafting a response to the Dec. 31 Roux report commissioned by the citizens' group, said Stephanie Ciccarello, the town's sustainability coordinator.

An initial report by Roux Associates in October said the cap is "thin and permeable" and that the landfill is an "uncontrolled source of pollution to the environment, potentially impacting groundwater, surface water, and wetland sediments over a wide area."

The town in November issued a point-by-point rebuttal, saying the cap is functioning well and that "significant contaminant levels have not been observed" in monitoring wells and nearby surface water. Amherst officials admitted that some wetlands near the landfill tested high for metals, but said that quantitative risk assessments found no potential harm to human health.

Amherst asserted that a test result in July 2012 showing high levels of the carcinogen 1,4-dioxane in a monitoring well was due to a technical error and not characteristic of the groundwater in general.

Roux on December 31 hit back, saying in a 12-page memo that 1,4-dioxane has been found at least 27 times in monitoring wells down-gradient from the landfill at levels exceeding state standards. The engineers suggested that the source may be dozens of paint- and chemical-filled drums buried at the landfill in the 1980s. Roux maintains that the town until 2012 used an incorrect standard when testing for the contaminant.

The Roux engineers suggested that the landfill should be given a new cap before any solar array is built, and said that the six-inch cap design approved by the Mass. Dept. of Environmental Protection in 1985 does not meet modern standards, and did not even meet standards of the day.

Michael Krasnik, a leader of the opposition group, said that if a solar array is built on a sub-standard or damaged cap, that conditions will worsen, pollution will increase, and environmental remediation will become more difficult and costly.

"We just want the town to do the right thing," he said.

In December, Interim Town Manager David Ziomek signed a power-purchase agreement with SunEdison to build a 2.8-megawatt solar array on the newer landfill, and a 3.7-megawatt array on the older landfill, following a vote of support by town meeting members.

Ciccarello, reached by telephone Monday, said Ellie Kurth, an engineer with the town's Department of Public Works, is in charge of groundwater monitoring and testing, and that she and the town's Water Supply Protection Committee would issue a response to Roux Associates' latest memo.

Ciccarello said that any plan for solar arrays would be the subject of an extensive permitting process involving the Massachusetts Department of Environmental Protection, the office of the Massachusetts Environmental Policy Act, or MEPA, and other regulatory authorities.

"The engineering will be carefully reviewed, and the structural integrity of the cap will be examined," said Ciccarello. "It's not in our interest to do a project that will jeopardize the integrity of the landfill's cap."

A previous proposal by Blue Wave Solar to build an array on the old landfill was dropped by the town after four years of litigation.

___________________________________________________________________

Documents related to the current solar proposal may be found on the Town of Amherst website.

We're a little more than two months into 2016, and murders are down in Springfield, which ended 2015 with 18 homicides.

SPRINGFIELD — With just one homicide reported in Springfield so far this year, compared to four during the same period last year, the City of Homes is getting a much-needed reprieve from the violent crime that dominated the opening months of 2015.

Meanwhile, Boston has recorded five homicides so far this year, compared to four homicides during the same period last year.

While there's no telling if the cities' homicide rates will remain low this year, the data point to the mercurial nature of tracking murder trends in two major New England cities, where overall crime rates have trended downward in recent years.

By the end of March 2015, Springfield's homicide count had risen to nine – half of the city's total homicide count for the year – while Boston's homicide count had risen to seven.

Boston finished out the year with 40 homicides, compared to 54 homicides reported in 2014. Springfield finished 2015 with 18 homicides, four more than 2014's total.

Two financial orders for $7 million for a new school food service building in Springfield and for $9.1 million for repairs of schools were referred to the City Council Finance Committee for further review.

SPRINGFIELD -- Mayor Domenic J. Sarno has asked the City Council to appropriate $7 million for the purchase and renovation of a building on Cadwell Drive to serve as a food service center for the public school system, rather than continue to rent a much smaller site.

In addition, Sarno has asked the council to authorize $9.1 million in bond funds for repairs to school buildings including new windows, doors, and one new roof..

Both bond requests were referred to the council's Finance Committee for further review.

School Department Chief Financial Officer Patrick Roach said that switching from a leased building at 49 Cadwell Drive to a nearby building at 75 Cadwell Drive, for purchase by the city, not only provides needed expanded space for a growing food service program, but will also save money in the long-run.

The School Department currently leases 18,000 square feet of space for $90,000 annually, at a site that is in poor condition and too small to accomodate the current program, Roach said. It also pays for on-site trailers and rented space in Chicopee, he said.

The new site will be a 62,000 square foot, state-of-the-art centralized warehouse and production facility, which is the first in the state, said Roach and Food Service Administrator Tim Gray in a summary provided to the council.

Timothy J. Plante, the city's chief administrative and finance officer, said that purchasing the new Cadwell Drive property will save the Springfield public schools $388,881 annually in lease, storage and shipping costs and commodity assessment fees.

The School Department will pay an annual rent to the city of $375,000 to pay off the bond costs over 20 years, Roach said.

The School Department's free lunch program has increased by 16 percent, and the free breakfast program has increased by 31.8 percent, school officials said.

Separately, the council is considering a $9.1 million bond order for repairs and renovations to the following schools: Mary M. Walsh School ($2.646,869); Public Day High School ($1,690,808). and Daniel B. Brunton Elementary School ($2,662,470), for window and door projects; and STEM Middle School ($2,103,396), for a roof replacement project.

The bonding is subject to a grant application with the Massachusetts School Building Authority, for 80 percent reimbursement of eligible costs.

The front car of a commuter train plunged into a swollen creek after a fallen tree derailed the train Monday night in Central California, injuring 14 people, authorities said.

SUNOL, Calif. (AP) -- The front car of a commuter train plunged into a swollen creek after a fallen tree derailed the train Monday night in Central California, injuring 14 people, authorities said.

Crews had to fight the creek's fast-moving currents to pull riders from the partially submerged rail car, Alameda County Sheriff's Sgt. Ray Kelly said.

"It was dark, wet, it was raining. It was very chaotic," Kelly said. "This is an absolute miracle that no one was killed, no passengers or first responders."

Four people were seriously hurt, while 10 others had minor injuries, Kelly said.

Altamont Corridor Express train official Steve Walker said the first car was carrying six passengers and one crew member when it fell into Alameda Creek.

Walker told San Jose television station KNTV the second car behind it also derailed but remained upright.

He said three more cars behind, including the locomotive, stayed on the tracks.

Images posted on Twitter by Alameda County Fire Department showed that car on its side about half-submerged in the creek water.

Map locates commuter train derailment in California.j.magno 

Altamont Corridor Express said it sent buses to take passengers to their destinations. The company also said it was cancelling all train service on the line Tuesday.

The ACE No. 10 train travels from San Jose to Stockton, stopping in eight cities along the way.

Train officials said the train was carrying 214 passengers from Silicon Valley to Stockton.

At the tag sale, the tenants offered bongos, congas, guitars, a toaster, towels, sheets, plates, kitchen utensils and other items belonging to their landlord, police said.

SPRINGFIELD - Before denying that he pulled a gun on a Springfield school bus monitor last week, Francisco Irenes was charged with stealing bongos, a guitar, a television and other items from his landlord and selling them at a tag sale.

Irenes, 29, is scheduled for a hearing today in Springfield District Court to determine if he is too dangerous to be released before his trial on charges of assaulting and threatening to kill a school bus monitor on March 2.

Springfield police arrested Irenes after he allegedly forced his way onto a school bus and pulled a gun on a bus monitor. The monitor had just kicked two of Irenes' children off the bus for causing trouble, and Irenes threatened to shoot and decapitate him, according to the arrest report.

In a statement to police, Irenes said he wanted to get his third child, who was still on the bus, and accused the bus driver and monitor "holding (her) hostage."

On Thursday, he pleaded not guilty to assault and battery with a dangerous weapon, breach of peace while armed and malicious damage. At a prosecutor's request, Judge William Boyle ordered Irenes held without bail pending a so-called dangerousness hearing Tuesday.

The judge also revoked the defendant's release in a larceny case involving his former landlord in Springfield.

The case was filed in January, but dates back to a tag sale in June when the defendant allegedly sold dozens of items belonging Jose Candelario, who rented an apartment at 56 Dearborn St. to Irenes and his family.

Three other adults, also listed as tenants at 56-58 Dearborn St., were also charged in the case.

Bongos, congas, guitars, a toaster, towels, sheets, plates and kitchen utensils were among the items offered for sale outside 56-58 Dearborn St. on June 20, according to police and witnesses who provided written statements.

"They were selling everything - clothes, a TV, kitchen stuff, bedroom and bathroom stuff too," one neighbor, Raymond Stephenson, wrote in his statement.

"Jose Candelaro's tenants were having a huge tag sale...but I noticed the items being sold belonged to Jose Candelario" another neighbor wrote.

Religious statues belonging to Candelario were also offered for sale, a third neighbor wrote.

On Jan. 25, Irenes pleaded not guilty to the larceny charge and was released for a pretrial hearing on March 26.

At a prosecutor's request, Boyle revoked Irenes' release in the larceny charge. He made the decision without prejudice, meaning Irenes' lawyer can revisit the issue at Tuesday's hearing.

At the hearing, a judge will decided if Irenes can be released in the bus assault case without posing a danger to the public.

In court documents, Irenes is described as and a tobacco worker who was born in Puerto Rico; among his 30 tattoos are images of Jesus, the Joker and a Playboy bunny, the records show.

The rapper, whose real name is Curtis Jackson III, told the court the fake money was important for keeping up appearances as a successful hip-hop artist.

Reports out of Connecticut are that rapper 50 Cent, in the middle of bankruptcy proceedings, has a simple explanation for his many Instagram photos showing him posing with what appears to be stacks and stacks of money: it's all fake.

The rapper, whose real name is Curtis Jackson III, filed a statement with U.S. Bankruptcy Court in Hartford on Tuesday in which he claims all the money in the photos is prop money from video and photo shoots, and that he is not hiding assets from the court.

The Hartford Courant reports that Judge Ann Nevins has ordered 50 Cent to appear in Court Wednesday to explain the many photos that show him posing with what appears to be U.S. currency.

In a statement last month, Nevins said she was concerned about allegations of nondisclosure and a lack of transparency in the case.

"There's a purpose of having a bankruptcy process be transparent, and part of that purpose is to inspire confidence in the process," she said.

Photos show him sitting on a bed surrounded by stacks of bills, a coffee table made of money, money overflowing from the shelves of his refrigerator, and trash barrels loaded with cash. There's also one of him arranging stacks of $100 bills to spell the word "broke."

The KANAN Tape now playing, I'm Too Rich. #EFFENVODKA #FRIGO #SMSAUDIO

A photo posted by 50 Cent (@50cent) on Feb 22, 2016 at 12:47pm PST

In his statement to the court that was published in the entertainment website The Wrap, 50 Cent said the fake money was necessary to his presenting himself as a success to his fans.

"Hip-hop culture is widely recognized as aspiration in nature. The standard by which artists and fans engage is commonly tied to money, jewelry, products and advertising over social media. Products and brands are now marketed through social media as an effective way to engage with consumers," the statement reads. "Just because I am sensitive to the needs of maintaining my brand does not mean that I am hiding assets or that I have lied on my filings in this Bankruptcy Case."

He sought bankruptcy protection last summer after a New York City jury ordered him to pay $7 million to a woman who said he posted her sex tape online.

50 Cent, in court documents, has declared his assets to be valued at $25 million, including his $8 million 21-bedroom, 25-bathroom mansion in Farmington, Connecticut.

Jorge Burgos of Springfield was arraigned on charges in Hampshire Superior Court after he allegedly threatened to a businessman over a dispute about a storage space, including promises to "break him" and "break his f---ing jaw."

NORTHAMPTON -- Jorge Burgos of Springfield was arraigned on charges in Hampshire Superior Court after he allegedly threatened a businessman over a dispute about a storage space, including promises to "break him" and "break his f---ing jaw."

Burgos, 36, made some of those threats while speaking to a state police trooper who had called to tell him to stop bothering the business owner, Kevin Netto of Westhampton, according to Northampton District Court records.

State Trooper Jeffrey Simakaukas said that Burgos told him that Netto, who owns a storage unit facility, had padlocked and auctioned off the contents of Burgos' storage unit after he failed to pay the rent on it. 

Burgos also told the trooper that he had been dealing with police for over 20 years, and he did not trust police. He had been shot by an officer in Windsor, Vermont, he told the trooper.

According to the newspaper Seven Days, Burgos was shot in the arm by Windsor Police officer Ryan Palmer in November 2014 while police were trying to make an arrest as part of a drug sting. Palmer wrote in his report that Burgos was driving his car straight at him and thus threatened his life.

But the charges against Burgos were dropped in July 2015, and Palmer was instead charged with the shooting. Surveillance video footage of the incident showed that Burgos was fleeing, not driving towards the officer, Seven Days reported. 

Palmer has been suspended from his job as police officer, the newspaper reported, but works for the department in a civilian role.

Alleged threats

Burgos was arrested in April of 2015 for allegedly making threats to Netto at his home and his businesses. Court records show Netto owns a storage unit rental company, a construction company and an Easthampton car dealership called Rail Trail Auto Sales.

Burgos was indicted in Hampshire Superior Court in January and on Tuesday pleaded not guilty to charges of stalking and intimidation. He remains free on $6,500 bail, the same amount set in district court.

Northampton District Court documents submitted by Simakaukas indicate that Netto told police he followed the proper protocol for seizing and auctioning the contents of Burgos unit.

But Burgos disagreed, and began calling Netto's home, telling his wife and later his daughter that he knew where they lived and where Netto's different businesses were, and was going to show up and "take action," according to Simakaukas.

Simakaukas wrote that when Netto's daughter told Burgos on the phone that he could get in trouble for threatening to dole out his own brand of justice, he replied, "I have an excellent lawyer."

Burgos' first lawyer, Vincent Bongiorni, who has represented many high-profile defendants, ceased representing Burgos while his case was in district court. He is now represented by Springfield attorney Terrence Dunphy.

Simakaukas wrote in court documents that he contacted Burgos after the Nettos reported the calls and gave him Burgos' name and number.  Netto had lied and "sold off his stuff," Burgos told the trooper, and so he planned to "deal with it" himself, face to face.

The two young girls who died in a fire Saturday afternoon in home in Orange were preparing for a birthday party when the blaze broke out.

A digest of news stories from around New England.

Joann Holmes and her son, Zachary Holmes, laughed and smiled Tuesday afternoon as they talked about the different television shows he watches on Saturday mornings, including his favorite: Thomas the Tank Engine.

NORTHAMPTON -- Joann Holmes and her son, Zachary Holmes, laughed and smiled Tuesday afternoon as they talked about the different television shows he watches on Saturday mornings, including his favorite, the PBS children's show, "Thomas & Friends."

The discussion took place during a break in proceedings at Hampshire Superior Court, while Zachary Holmes, 21, sat cuffed at the wrists and ankles, and his mother leaned toward him from the courtroom gallery.

Zachary Holmes, of Belchertown, is autistic and his lawyer has said he operates at the cognitive level of a 10-year-old. Despite his mother's wishes that he not be prosecuted, he has been charged with stabbing his mother during an argument at their home in September and held in custody ever since.

At Holmes' previous courtroom appearances, his mother has sobbed and once had to leave the courtroom in hysterics. But after the brief exchange she had with him while the judge and attorneys had left the courtroom, Joann Holmes was grinning ear to ear.

"That was the first time I've spoken to him in six months," she said.

She choked up a little when she said that in his previous letters to her, he had said it upset him to see her crying. So, she said with a quavering voice, she was holding it in.

She and Holmes' other family members have said that Holmes does not understand jail or what is happening to him, though the court deemed him competent enough to be arraigned.

Joann Holmes said he previously had to tear pages from a book to draw on to entertain himself. But now, she said, he can watch television at the jail.

"I got to watch all my favorite shows," Holmes said to her when she first asked him how he was doing in the courtroom.

At times during court proceedings, Holmes appeared to be talking to himself.

When court was back in session, Judge Mary-Lou Rup set the trial tentatively for June. The prosecutor, Assistant Northwestern District Attorney Jennifer H. Suhl, said she could try the case sooner but Holmes' attorney, Alfred P. Chamberland of Easthampton, needed time to locate an expert witness.

Chamberland said he is seeking an expert to testify as to whether Holmes is criminally responsible for what happened in September.

According to court documents filed by Suhl, on Sept. 3, after an argument over how best to clean up after a dog, Holmes became so angry he stabbed his mother repeatedly in the abdomen, hand, chin, and in the back. She got away when the knife blade broke off from the handle, Suhl has said in court.

Joann Holmes was hospitalized for a week as a result. She told reporters that her son was always a gentle giant but started having more serious psychiatric issues after he turned 20. She said she tried to have him evaluated at that time, but her insurance would not pay for it.

 

Davila acknowledged that he never saw the handle, barrel or trigger of a gun, only a black item being pulled out and back into the Irenes jacket pocket, Brock said. "It could have been a cell phone," Brock added.

SPRINGFIELD - A Springfield school bus monitor who accused a parent of pulling a gun on him last week has backed off his story, a private detective said Tuesday.

Testifying at a bail hearing for Francisco Irenes of Springfield, defense witness John Brock said the monitor no longer believes that Irenes flashed a gun during an argument outside his daughter's school bus on March 2.

"He's not sure what he saw," said Brock, who interviewed bus monitor Carlos Davila, 25, of Springfield, at his home Monday afternoon.

Davila acknowledged that he never saw the handle, barrel or trigger of a gun, only a black item being pulled out and back into the Irenes jacket pocket, Brock said.

"It could have been a cell phone," Brock added.

Another defense witness, Jennifer Kenney, said she stood next to Irenes during the confrontation and never saw a gun. But under questioning from Assistant District Attorney Thomas Prendergast, the witness acknowledged that she twice walked away from Irenes to look for her son on the bus.

Judge Charles Murphy, who presided over the hearing, said he would rule Wednesday on whether Irenes can be released before trial.

Irenes, a 29-year-old tobacco worker, is charged with assault with a dangerous weapon, breach of the peace while armed and malicious damage to a motor vehicle. He was arrested Wednesday night and denied the charges the following day in Springfield District Court.

At a prosecutor's request, Judge William Boyle ordered him held until Tuesday's hearing to determine if he was too dangerous to be released before trial.

The prosecution began the hearing by playing a videotape of Davila's interview with police following his argument with Irenes on March 2.

In the interview, Davila said students began "crying hysterically" when they saw Irenes yelling, pounding on the bus door and displaying a gun after two of his children were kicked off the bus for misbehaving.

"They were saying, 'oh no, that guy is going to shoot us," said Davila, who did not testify in person Tuesday.

As the confrontation escalated, Irenes threatened to decapitate the bus monitor if he refused to let his daughter, who was still on the bus, get off, Davila said.

"He said he would cut my head off," Davila told Detective Richard Rief during the interview.

"Cut your head off?" the detective asked.

"And beat me with a tire iron," Davila added.

Sixty-five children on the bus and witnessed the confrontation, according to Davila, who said he feared for the safety of the children, the bus driver and himself.

"The children were screaming. I was trying to calm them down," Davila said.

The second trial for a police officer charged in the death of Freddie Gray is set for next month — a year after the black man's neck was broken in a police van — and one of the officer's colleagues will be forced to testify.

BALTIMORE -- The second trial for a police officer charged in the death of Freddie Gray is set for next month -- a year after the black man's neck was broken in a police van -- and one of the officer's colleagues will be forced to testify.

The latest reshuffling of trial dates happened Tuesday when Maryland's highest court ruled that Officer William Porter must testify against his fellow officers while he awaits retrial. Porter's trial ended in a hung jury in December and proceedings for the other officers have essentially been on hold while the courts determined whether he should be forced to take the stand.

The trial for Lt. Brian Rice, the highest-ranking officer charged in the Gray case, will start April 13 -- one year and one day after Gray was arrested outside the Gilmor Homes in Baltimore's Sandtown-Winchester neighborhood when he ran from police.

Gray was booked after Rice and officers Edward Nero and Garrett Miller found a knife they deemed illegal in Gray's pocket. The state's attorney has said the knife was legal and Gray should have never been taken into custody. He died a week after his injury in the van.

Rice is charged with manslaughter, misconduct in office, reckless endangerment and assault. All of the officers have pleaded not guilty.

Porter, who checked on Gray after he was put in the van, testified at his trial that he didn't do anything wrong during Gray's arrest. He told a jury that it was the van driver's responsibility to make sure Gray was secured in a seat belt.

Porter's attorneys argued he shouldn't be forced to take the stand at the other trials because he could potentially open himself up to perjury. The Maryland Court of Appeals judges seemed skeptical during oral arguments last week, saying Porter shouldn't have anything to worry about as long as he tells the truth.

The judges did not explain their decision Tuesday, saying they would issue an opinion later.

Amy Dillard, a law professor at the University of Baltimore, said their ruling makes sense.

"What the prosecution is asking for is that Porter be called and asked the same questions and testify as he did before under oath," Dillard said. "If the prosecutor goes into areas he has not commented on or testified about, there are motions to be made during those trials."

The appeals court issued two rulings. The first ruling agreed with Baltimore Circuit Judge Barry Williams' decision to force Porter to testify against Sgt. Alicia White and Officer Caesar Goodson, all of whom face manslaughter, assault, reckless endangerment and misconduct in office charges. Goodson, the van driver, faces the most serious charge, second-degree murder.

A second order reversed Williams' decision that Porter did not have to testify against officers Miller, Nero and Rice.

Miller and Nero face misconduct in office, reckless endangerment and assault charges.

Thomas Barbuto, 68, of Medford, died in a head-on collsion on Route 2 in Cabot, Vermont, according to police, who continue to investigate.

CABOT, Vt. — A man from suburban Boston was killed Monday in a two-car crash in Cabot, Vermont, after apparently losing control of his vehicle, according to authorities, who continue to investigate.

Vermont State Police troopers responded to the 1:30 p.m. collision on U.S. Route 2, just a few miles south of the famous Cabot Creamery cheese factory, where they found 68-year-old Thomas Barbuto of Medford dead inside his 2003 Subaru Baja. The Subaru was totaled in the crash, police said.

Barbuto was westbound just westbound on a tortuous stretch of slushy, icy roadway just west of Molly's Falls Pond when he crossed into the eastbound lane and collided with 66-year-old Louis Kilburn of Johnson, Vermont, who was behind the wheel of a 2007 Freightliner Truck, police said.

Authorities said Kilburn was uninjured in the head-on crash, but his truck sustained front-end damage. Barbuto and Kilburn were wearing seatbelts, police said.

Weather conditions were cloudy and Route 2 was "wet with patches of slush and ice at the time of the crash," police said.

A South Carolina lawmaker is joining other black leaders in calling for Mississippi to change the last state flag that includes the Confederate battle emblem.

JACKSON, Miss. -- A South Carolina lawmaker is joining other black leaders in calling for Mississippi to change the last state flag that includes the Confederate battle emblem.

Democratic Rep. Justin Bamberg spoke Tuesday to more than 200 people at a change-the-flag rally outside the Mississippi Capitol -- an event organized by attorneys suing Mississippi Gov. Phil Bryant in federal court. The suit asks a federal judge to declare the flag an unconstitutional vestige of slavery.

"If your governor needs to see an example of what it means to lead as governor, maybe he should look at South Carolina's very own Republican governor, Nikki Haley," said Justin Bamberg, who is from the same hometown as Haley.

Haley and a bipartisan coalition of lawmakers removed a Confederate battle flag from the Statehouse lawn in Columbia last summer in response to the massacre of nine black worshippers at a church in Charleston, South Carolina. The white man charged in the attack had previously posed for photos with a rebel flag.

A new conceptualized Mississippi state flag sits on the desk of Rep. Kathy Sykes, D-Jackson, as she works at the Capitol in Jackson, Miss., Wednesday, Feb. 17, 2016. The flag was designed by Laurin Stennis, the granddaughter of the late U.S. Sen. John Stennis, D-Miss. In Mississippi, the last state to feature the divisive Confederate battle emblem on its flag, some lawmakers want it removed, others want to punish public institutions that refuse to fly it and a state House leader suggests having two separate but equal flags: one with the rebel cross and one without. AP Photo/Rogelio V. Solis

The 122-year-old Mississippi flag is the last in the nation with the Confederate battle emblem -- a red field topped with a blue X dotted by 13 white stars.

Old South symbols have come under sharp debate since the Charleston attack, and several Mississippi cities and counties, and some universities, have stopped flying the state flag since then. But legislative leaders this year decided not to have the Mississippi House or Senate debate bills that would have either removed the rebel emblem from the flag or taken away state money from local governments and colleges that refuse to fly the current banner.

On sunny, breezy afternoon, people at the rally Tuesday chanted: "It must come down!"

It was the second such event, of similar size, in the past month. Flag supporters, including Sons of Confederate Veterans members, held their own rally outside the Capitol in January.

Bryant recently proclaimed April as Confederate Heritage Month, and that drew strong rebukes at the rally.

"It's time for white, Christian Mississippians to face up to that flag for what it is. That Confederate flag is a symbol of white supremacy, and white supremacy is the biggest lie that Satan ever told," said Vicki Slater of Jackson, a white Democratic attorney who ran unsuccessfully for governor last year.

One of the attorneys suing the governor said Mississippi must erase the Confederate battle emblem from the flag because it promotes inequality and fails to represent African-Americans who make up 38 percent of the state's population.

"A large percentage of Mississippians view the Confederate battle emblem as an inglorious, racist relic of the past that defaces the state flag," J. Wyndal Gordon of Baltimore said at the rally.

Gordon joined Mississippi attorney Carlos Moore in the federal lawsuit. The state has not yet responded, but Bryant has said repeatedly that if the flag design is to be reconsidered, voters should decide the issue.

Moore said he believes God has a plan to change the flag, including the 2008 election of Barack Obama as the first African-American president and Obama's choosing U.S. District Judge Carlton Reeves, who is black. Reeves will hear the flag lawsuit, although Moore said he hasn't spoken to the judge. Moore also mentioned the death of Supreme Court Justice Antonin Scalia as part of the divine plan.

"When we get that fifth liberal progressive on the court, after Judge Reeves takes it down, it's going to stay down," Moore said.

Klara Bowman, 32, was fired March 2 from her job as a kindergarten teacher at Larchmont Elementary School in Tacoma, Washington, for allegedly drinking alcohol on the job. It wasn't her first alcohol-related offense, according to school officials.

Klara Bowman (Facebook) 

Moments later, the 32-year-old teacher at Larchmont Elementary School walked into a wall as she was led from her classroom by the principal and vice principal, the Tacoma Times Tribune reported Tuesday.

School officials said Bowman appeared to be drunk during the Feb. 19 incident, and it wasn't the first time her on-the-job behavior was called into question. As a result, Bowman was fired from her teaching job last week.

Shannon McMinimee, the school district's attorney, said Bowman is appealing her termination. The teacher was "fairly intoxicated" when she was removed from the classroom, McMinimee told KIRO-TV in Seattle.

McMinimee said school officials found an empty travel mug that smelled of alcohol in Bowman's classroom, KIRO-TV reported. A 2011 alcohol-related incident involving Bowman resulted in a "last chance" agreement between the teacher and the school district, according to the TV station.

Some people took to social media to defend Bowman. "My two girls had her as a teacher this year. She was a fantastic teacher. She treated our girls like they were her own. I can only hope that there is more to the story," Rose Rivas said on Facebook.

"I can understand, people make mistakes, but you're dealing with children – small children," Jeni Brown, a parent, told KING5 TV, an NBC News affiliate in Seattle. "The fact that a kindergartner had to go point out that something was wrong, that's what doesn't sit well with me," Brown said.

Bowman was expected to earn $64,483 for the 2015-2016 academic year, according to a public salary database. That includes a base salary of $48,237, plus an "other salary" of $16,246.

The Dow Jones industrial average fell 110 points to 16,964.

By BERNARD CONDON

NEW YORK -- Stocks fell broadly on Tuesday as investors around the world fled risky bets on worrisome trade data out of China and a slump in the price of crude oil.

Investors dumped stocks from the start of trading, then picked up their selling near the close. Seven of the 10 industry sectors of the Standard and Poor's 500 dropped, putting an end to a five-day winning streak for that index. Treasury bonds rose sharply as investors sought safety.

Oil prices have been rising from 13-year lows in the recent weeks, but reversed course Tuesday with a nearly 4 percent drop in U.S. crude. Energy stocks were hammered. Murphy Oil plunged 15 percent and oil rig operator Transocean lost 10 percent.

A report overnight from China showing that exports and imports had dropped last month helped revive fears that a slowdown in China could hurt the slowly strengthening U.S. economy.

"Where is the global growth going to come from?" asked Mizuho Securities Chief Economist Steven Ricchiuto. "There is no acceleration in growth."

The Dow Jones industrial average fell 109.85 points, or 0.6 percent, to 16,964.10. The S&P 500 fell 22.50 points, or 1.1 percent, to 1,979.26. The Nasdaq composite gave up 59.43 points, or 1.3 percent, to 4,648.82.

After dropping sharply earlier this year, U.S. stocks have been generally climbing as data on hiring, construction spending and manufacturing suggested the U.S. might be able to buck a slowdown abroad. The S&P 500 is up 10 percent from mid-February.

But Chief Investment Officer Bill Stone of PNC Asset Management Group said investors have been worried that the climb was not sustainable given trouble overseas, and the drop in oil and Chinese trade data pushed many of them to sell.

"We're overbought," Stone said. "People are taking some profits off of the larger run-up from the low."

China's report showed exports plunged 25 percent in February from a year earlier, as weak global demand and a business shutdown during the Lunar New Year holiday combined to depress sales. Customs data also showed imports fell 14 percent.

In overseas trading, nearly every major market fell. Japan's Nikkei 225 dropped 0.8 percent and South Korea's Kospi lost 0.6 percent. In Europe, France's CAC 40, Germany's DAX and Britain's FTSE 100 each fell 0.9 percent.

Investors are looking ahead to a policy announcement from the European Central Bank on Thursday. Further stimulus moves are expected, but its unprecedented program of buying bonds and driving interest rates into negative territory has had mixed results so far.

Among U.S. stocks making big moves on Tuesday, hamburger chain Shake Shack plunged $5, or 12 percent, to $37.23 after delivering quarterly results and an outlook that disappointed investors.

Urban Outfitters jumped $4.53, or 16 percent, to $32.69. Late Monday, the retailer reported strong earnings during the holiday season.

The euro fell to $1.1002 from $1.1014. The dollar edged down to 112.61 yen from 113.27 yen.

Yields on U.S. government bonds, which move in the opposite direction of prices, fell sharply. The yield on the 10-year Treasury note fell to 1.82 percent from 1.91 percent late Monday.

Benchmark U.S. crude fell $1.40 to $36.50 a barrel on the New York Mercantile Exchange. It had jumped $1.98 on Monday. Brent crude, which is used to price international oils, fell $1.19, or 3 percent, to $39.65 a barrel.

In other energy markets, wholesale gasoline fell less a penny to $1.388 a gallon, heating oil dropped 2.3 cents to $1.20 a gallon and natural gas rose 2.2 cents to $1.712 per 1,000 cubic feet.

Industrial and precious metals ended broadly lower. Gold slipped $1.10 to $1,262.90 an ounce, silver fell 24 cents to $15.39 an ounce and copper lost six cents to $2.22 a pound.

The $16.52 operating budget represents a 2.02 percent increase over the current year.

EASTHAMPTON -- The School Committee's finance subcommittee on Tuesday unanimously recommended a $16.52 million fiscal 2017 operating budget that would restore 5.5 positions that had been cut in recent years.

The budget would add a second grade teacher at the Center/Pepin School, a speech and language pathologist assistant at Center/Pepin, a world language teacher and a half-time reading specialist at White Brook Middle School, a design technology teacher at Easthampton High School, and a board certified behavior analyst to serve the entire district.

The proposed staffing increases were made possible by savings realized through a year-long "alignment process" where all aspects of school spending were examined in detail, said Dale Doiron, interim director of business services.

Doiron said a number of factors, including a wave of retirements of teachers at the top of the pay scale, the renegotiation of certain third-party contracts, and the return of some special education students to district schools allowed for savings. She said the level of savings seen this year could probably not be replicated again in the future.

In the past, some money had been budgeted under the wrong categories, and the alignment process, through applying a "fine-toothed comb," addressed that issue, said Doiron. Even though on paper, it may look as though special education and the Maple School are taking budget hits in fiscal 2017, that's not really so, because the money is just being accounted for differently, she said.

"There will be no reductions to services or staff at any of our schools," said Doiron.

The budget request represents a $326,306 increase over the current year's operating figure of $16.2 million. It's a 2.02 percent boost, compared to last year's 2.8 percent boost.

The operating budget does not include federal and state grants, which in fiscal 2016 totaled more than a million dollars. The total 2016 budget, which avoided layoffs, was $17.9 million.

Superintendent Nancy Follansbee said that she and her leadership team, including principals from each of the city's schools, worked to come up with a "positive and responsible budget" that restores key positions to the schools.

Over the past two budget cycles, 17 positions had been eliminated, said Follansbee, who called 2017 a "rebuilding year."

School Committee member Peter Gunn spoke in favor of asking the mayor for additional money. He said investing in programs to retain students and attract new families to the district would quickly lead to a positive revenue stream.

"My argument is that if we spend money now to build those programs, we can turn those numbers around in a significant way," said Gunn, who is not a member of the Finance Subcommittee.

In Massachusetts, when a student leaves his or her home school district for a charter school or "school choice," a pot of state money follows the student. In fiscal 2015, Easthampton lost around $1.25 million because of students leaving the district.

Commitee members Cynthia Kwiecinski, Kasey Corsello, and superintendent Follansbee defended the proposed budget, saying it would be a mistake to push for programs and staffing in fiscal 2017 that might have to be cut again in 2018 or 2019.

"It sends the wrong message, when you're adding and cutting, and adding and cutting," said Kwiecinski. "It sends the message that we're not stable. I'd rather see a steady climb."

Kweicinski said the proposed budget would be "defendable to the mayor and the community." Corsello said "it sends a positive message," and praised the plan to add another second grade teacher.

Committee member Catherine Hunter said that adding the board certified behavior analyst, or "BCBA," could help more special education students stay within the district, potentially eliminating the need for costly out-of-district placements.

The proposal will now head to the full School Committee for a public hearing and an up-or-down vote. Mayor Karen Cadieux then has the power to approve the budget as is, or to impose a lower overall figure, at which point the school committee would have to go back and make cuts.

Follansbee praised her leadership team for "all rowing in the same direction" and said "we are committed to an essential services budget."

The School Committee will hold a public hearing on the budget proposal March 22 at 6:30 p.m. at the city's 50 Payson Ave. municipal building.

Mary Serreze can be reached at mserreze@gmail.com