Roque was arrested as part of a Springfield police narcotics investigation into drug sales at an apartment at 11 Clyde St. in the city's Brightwood neighborhood.
SPRINGFIELD – A 22-year-old city man arrested Wednesday on weapons and narcotics charges following a police raid on a Clyde Street apartment has a juvenile manslaughter conviction for a fatal stabbing committed when he was 11 years old, The Republican has learned.
As a boy, Joshua Roque was arrested for the Feb. 3, 2001, stabbing death of Nestor “Tito” Herrera, also 11, in the lobby of cinemas on St. James Avenue. At the time, it was reported he was the youngest person who committed such a crime in Springfield since at least 1834. He pleaded guilty the following year.
Roque’s name was not disclosed to the media at the time because of his age.
However court records for his Wednesday arrest spell out explicitly that Roque is the same unnamed juvenile who pleaded guilty to manslaughter in 2002 and was remanded to the custody of the state Department of Youth Services until his 18th birthday.
Roque was arrested Wednesday as part of a Springfield police narcotics investigation into drug sales at an apartment at 11 Clyde St. in the city’s Brightwood neighborhood.
He was charged with trafficking cocaine and possession of marijuana, and several weapons charges including possession of a firearm without a license, possession of ammunition without a firearms identification card, possession of a high-capacity ammunition magazine, improper storage of a firearm with a child under age 16, and possession of a firearm in the commission of a felony.
Police recovered 24 grams of crack cocaine, 38 grams of marijuana, a loaded .40-caliber Ruger handgun with a 10-round magazine, and a .38-caliber handgun.
The Ruger was in the waistband of his pants when police took him into custody, according to police.
His girlfriend, Marangely Maldonado, 20, was not arrested but will instead be summonsed to appear in district court on the same charges.
Police allowed her to remain at home to care for her child, who police said has special needs. The police also notified the state Department of Children and Families to investigate for possible neglect of a child.
Roque denied the charges Thursday morning in Springfield District Court. He was ordered held in lieu of $100,000 cash bail or $1 million personal surety. He is due back in court on Feb. 3 for a pretrial hearing.
Among the reasons given in court for the district attorney’s request for a high bail was “record of conviction: juvenile delinquent manslaughter.”
The arrest report authored by Springfield police officer Jamie Bruno notes narcotics officers had learned that drugs were being sold out of the apartment at 11 Clyde St.
When police identified that Roque was staying there, police performed a records check to determine his criminal history.
“A records check for Mr. Joshua Roque revealed that as a juvenile, he was arrested for murder, and as a result pleaded delinquent as a juvenile for manslaughter, where he was committed to the Massachusetts Department of Youth Services,” Bruno wrote.
“This crime was committed by Mr. Roque when he was an 11 year old. He stabbed another 11 year old in the chest, killing the child upon his arrival at Baystate Medical Center. The stabbing occurred at the Entertainment Cinemas at 1277 Liberty St.”
According to Massachusetts law, juvenile court records are considered sealed from the public, but law enforcement officers, court and probation officials have access, and a judge can take into account the juvenile record of an adult during a bail proceeding or deciding on the length of sentence.
News accounts at the time reported that Roque stabbed Herrera at what was then known as the Regal Cinemas, located on the St. James Avenue side of the Springfield Plaza at 1277 Liberty St.
At the time it was reported the stabbing resulted from an argument over a girl.
Herrera had only moved to Springfield with his family eight months earlier and had been given permission by his mother to go to the movies for the first time with his friends on the night he was stabbed.
Roque pleaded guilty to a charge of juvenile delinquency by manslaughter on Feb. 1, 2002. He was placed in the custody of the state Department of Youth Services until his 18th birthday. DYS had the option of petitioning with the courts to extend his commitment until age 21. It was not clear Thursday night when Roque had been released from state custody.
Under Massachusetts law, a juvenile offender is someone between the ages of 7 and 16. While it is possible to charge a minor as an adult for crimes considered particularly egregious, state law does not allow anyone younger than 14 to be charged as an adult.
Accounts of the 2002 sentencing describe the trial as emotional for all involved. The media at the time was allowed limited access to the juvenile court proceeding because of the high-profile nature of the case.
The prosecutor, James C. Orenstein, described it as one of the most difficult cases he ever faced. Defense attorney Alan J. Black called it “heartbreaking.”
Judge Rebekah J. Crampton noted at the sentencing that the state’s juvenile justice system is based on the philosophy of rehabilitation, not punishment.
“We hope the best for you,” she said.