Brother takes rap, gets probation

Jose Cosme (L) & Savier Cosme (R) (Photo Credit: The Westfield News)

WESTFIELD, Mass. (The Westfield News) – A Westfield man escaped prosecution when his brother took the rap for ten pounds of marijuana city police found when they searched their Orange Street apartment last year. His brother was placed on probation for a year and was assessed $50.

The Westfield police department’s special response team had turned out on April 9, 2013, to assist detectives execute a warrant at the home of Savier R. Cosme, 21, and Jose L. Cosme, 23, of 41 Orange St., during the investigation of a downtown shooting incident.

Detectives led by Det. Sgt. Steven K. Dickinson, had developed information that the shooting suspect, Ray Boissonault, had frequented the brothers’ apartment and was seen heading that way after the shooting incident.

A search for the pistol elsewhere had been fruitless and a warrant was secured to seek it at the brothers’ Orange Street apartment. Dickinson had asked for the assistance of the special response team, according to team leader Sgt. Jeffrey Baillargeon, “due to the high threat to officer safety with regards to weapons in the home.”The SRT officers quickly secured the residence and the investigating detectives found one of the residents, Jose Cosme, in the apartment and found him to be in possession of “2 cellophane sandwich bags containing marijuana.”

But the gun police were seeking was not found. Upstairs in the residence the detectives found two backpacks. One contained “82 individually wrapped cellophane bags of marijuana packaged for sale.” The other held “21 gallon-size freezer bags of marijuana.”

Dickinson reported that all the marijuana seized totaled more than ten pounds. He estimated the “street value” of the weed to be $32,000. Savier Cosme came back to his home while police were still there and both brothers were arrested for possession of marijuana with intent to distribute.

They were arraigned the next day before Judge Philip A. Contant who released each on $5,000 personal surety. Lawyers for each of the defendants filed motions to suppress the evidence discovered during the search for the gun arguing that there had been insufficient foundation to grant the warrant in the first place but, after hearings on Nov. 8, Judge Rita Koenigs denied the motions.

Jose Cosme escaped prosecution because, assistant district attorney Mary Partyka reports, “a codefendant, Savier Cosme, has taken responsibility for the charges.”

Savier Cosme pleaded guilty to the charge of possession of marijuana with intent to distribute on Wednesday and was placed on probation for one year by Contant. He was also assessed $50. In addition to the $50 assessment, Cosme will be liable for a monthly $65 probation service fee but defendants are often allowed to perform community service to satisfy that obligation.

Media Credit: The Westfield News

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