Boy Falls From SUV in Theft - Boston Criminal Defense Blog


It was reported today in the Boston Herald that a 5-year-old boy tumbled out of a moving SUV in Falmouth Massachusetts when his mother fled from a Wal-Mart parking lot with a stolen flat-screen television hanging out of her vehicle.

“As the vehicle was fleeing the scene, a small child was ejected from the vehicle due to an unsecured door that was left ajar due to the size of the television,” the police statement said in a release. “Bystanders attempted to intervene; however the suspect returned and collected the child then fled the area.”

The mother, who police identified as Lisa Degerolamo, was subsequently arrested and charged with reckless endangerment of a child, larceny over $250, operating a motor vehicle with a suspended license and negligent operation of a motor vehicle.

Police will certainly speak with witnesses and review surveillance video for evidence as they build their case against Degerolamo.

Although it was reported that the child was not hurt in this incident, the state’s Department of Children and Families “DCF” was called in to investigate.

Operating a motor vehicle recklessly is governed by Section 24(2)(a) of chapter 90 of our General Laws.  The law provides as follows:

“Whoever, upon any way or in any place to which the public has a right of access, or [in] any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly . . . shall be punished . . . .”

In determining whether an individual drove recklessly, the police will look at Degerolamo’s rate of speed and manner of operation, her physical condition, how well she could control her vehicle, and what she was doing when her son fell out of her vehicle.  On the facts of this case, the charge suggests that Degerolamo was reckless because she consciously disregarded, or was indifferent to, a significant possibility of serious injury to her son when she fled the Wal-Mart parking lot with the stolen flat screen television.

In addition to the motor vehicle offenses, Degerolamo will be facing larceny over $250 charges for the theft of the television. Grand larceny is a category used to rank the severity of crime associated with the theft. Grand larceny occurs when the value of the goods, money or stolen property exceeds $250, and is a felony.

Boston Criminal Attorney Steven J. Topazio

Boston Criminal Attorney Steven J. Topazio

Steven Topazio has been a criminal defense attorney for over 29 years and represents the wrongfully accused throughout Boston and Massachusetts. He is rated AV Preeminent by Martindale-Hubbell, 10.0 Superb by AVVO, a Top 100 Trial Attorney and holds membership in the invite-only American Society of Legal Advocates.

If you have been charged with a crime, contact Attorney Steven J Topazio. He believes everyone is entitled to the Best Defense and is prepared to investigate every aspect of the allegations and circumstances of your case in order to build an aggressive defense.

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