Rosario is charged with armed assault with intent to murder stemming from an Allen Park Road apartments incident.
Former Springfield firefighter Angel M. Rosario is standing trial in Hampden Superior Court on multiple charges, including armed assault with intent to murder.SPRINGFIELD – The trial of former city firefighter Angel M. Rosario on a charge of armed assault with intent to murder will continue Tuesday in Hampden Superior Court.
Rosario, 46, of Springfield, is accused of that charge as well as assault and battery with a dangerous weapon, intimidating a witness and threat to commit a crime in the trial before Judge Daniel A. Ford.
The charges against Rosario stem from an incident July 11, 2008, at about 7 a.m. in Allen Park Road apartments in the Sixteen Acres neighborhood.
Joseph Alvarado, 48, was on the stand Friday and Monday and testified Nathan Boucher, Rosario’s co-defendant, began assaulting him with his fists and booted feet outside Angela Perez’ apartment. Alvarado testified that Rosario joined Boucher and cut him (Alvarado) a number of times with a box cutter.
He said he was hospitalized for two and a half days for injuries, including a wound to the neck.
Alvarado said he was living with Perez, mother of two of his children, from May to July 2008. He acknowledged, under questioning from defense lawyer Vincent A. Bongiorni, Perez had a restraining order against him for part of June during that period.
Alvarado said he was kept out of the apartment by Perez the night before and was going to get his clothing from Perez’ home the morning he was assaulted. He said Boucher stopped him outside the unit.
Through questioning, assistant District Attorney Matthew J. Shea brought Alvarado through the events leading up to the incident and the fight itself.
Shea also questioned Alvarado on his past criminal record, and Bongiorni, during cross-examination, got more details of Alvarado’s convictions admitted as evidence in the case.
Bongiorni has contended Alvarado, whose credibility he sought to weaken during cross-examination, was the aggressor in any events the morning of July 11, 2008.
Rosario began seeing Perez when Alvarado was in prison, Alvarado said.
Bongiorni introduced letters from Alvarado to Perez in which Alvarado wrote what harm he intended to do to Rosario when he got out of prison.
Alvarado had gotten out of prison in April 2008 after serving three years for cocaine distribution. Although he pleaded guilty to that charge, he said on the stand Monday he lied under oath at his guilty plea on that case. He said Monday he never dealt drugs but just pleaded guilty to get out of prison sooner.
Alvarado has past convictions for assault and battery with a dangerous weapon, assault with a dangerous weapon and several convictions for assault and battery. He has a May 2009 conviction for assault and battery with a dangerous weapon (brass knuckles), assault and battery, assault with a dangerous weapon and resisting arrest.
Alvarado said he had punched a hole in the wall in Perez’ apartment the night before the assault out of anger, and had left for a walk after she called police.
Police came to the apartment but could not find Alvarado at that time, testimony showed. When Alvarado came back to try to get in later the evening Perez and Boucher had secured the sliding door so he couldn’t get in, Alvarado said.
Boucher has entered into a cooperation agreement with the prosecution and testified against Rosario under questioning from Shea late Monday.
Bongiorni’s cross-examination of Boucher will begin Tuesday. Boucher, 28, of Springfield is charged with armed assault with intent to murder and assault and battery with a dangerous weapon in the case.
Boucher said he had difficulty answering some of Shea’s questions saying “my thoughts are running like a train.” A short recess was taken.
Boucher said his memory is fuzzy about some of what happened that morning, but testified he saw Rosario take out a box cutter and saw Rosario cutting Alvarado. He said Rosario handed him the box cutter, which he took home and washed and then walked to a pond and threw it in the water.
Boucher, who said he did not remember Rosario saying anything to him when he handed him the box cutter, said he did not know why he threw the box cutter in the water.
Rosario, a 12-year member of the Fire Department, lost his job in 2008 because he could not work when he was held without right to bail for a period after the July incident. He has been free on bail awaiting trial for several years.
