Malden man pleads guilty to robbery and witness intimidation charges with Everett connections

WOBURN- A Malden man pleaded guilty to two separate cases, the first in which he robbed a gas station clerk, and the second where he was charged with intimidation of a witness when he threatened to kill the District Attorney and police officers, Middlesex District Attorney Gerry Leone informed the public today.

Sean Kearney, 36, of Malden, pleaded guilty yesterday in Middlesex Superior Court in Woburn to charges of unarmed robbery, assault and battery, and resisting arrest in connection with the June 30, 2010 robbery of a gas station clerk in Everett.

The defendant additionally pleaded guilty to charges of intimidation of a witness in connection with threats he made towards the District Attorney and police officers and his attempt to pay off a witness who was scheduled to testify against him.

Judge Walker sentenced the defendant to 9 to 10 years in state prison followed by 3 years probation from and after his prison sentence with the conditions that he is ordered to provide a DNA sample, ordered not to have any contact with the victims and witnesses, ordered to stay away from the victimized gas station in Everett, ordered to refrain from the use of drugs and alcohol, ordered to undergo a substance abuse evaluation and follow up treatment, ordered to complete an anger management program, and ordered to seek and maintain employment.

“This defendant has now admitted to robbing a gas station before attempting to escape police custody and, in an effort to avoid prosecution, he then attempted to pay off the witness in the robbery case so that he would not testify at the defendant’s trial.  Additionally, the defendant made troubling recorded statements that he intended to kill members of law enforcement,” District Attorney Leone said.

E“This office takes such deliberate tampering with the pursuit of justice and disrespect for the criminal justice system and those who engage in the protection and service of our citizens, very seriously and we will charge and prosecute to the fullest extent of the law those who intentionally interfere with our prosecution of a case.”

According to authorities, on June 30, 2010, at approximately 5 pm, the defendant entered the Ferry Gas Station on Ferry Street in Everett and reached around the counter into an unlocked register.  The defendant pulled out the money from the register and proceeded to push the clerk before running out of the store into a Jeep Cherokee which was being driven by a co-defendant who was indentified as Ilona Berlik.

A responding officer from Everett Police observed the jeep parked outside of a market at 110 Ferry Street in Everett.  The defendant, who was inside the store, saw the police cruiser and ran out of the store and into the jeep.  A chase ensued and Kearney and Berlik were both arrested in Chelsea after blowing out two tires on their motor vehicle and hitting a fire hydrant.

Kearney and Berlik where arraigned in Malden District Court on July 1, 2010.  They were indicted by a Middlesex County grand jury on August 26, 2010 and arraigned on November 8, 2010.  Middlesex Superior Court Clerk Magistrate Michael Sullivan ordered Kearney held on $5,000 cash bail.  Berlik was ordered held on $1,000 cash bail.  Her next court date is April 26 for a status hearing.

Following his indictment, the defendant was scheduled to go to trial on March 6, 2012.  Authorities determined that on February 14, 2012, the defendant sent two letters in which he requested that the recipients attempt to pay off the witness to the robbery to ensure that he did not appear for trial.

The Everett Police Department began an immediate investigation in conjunction with the Middlesex District Attorney’s Office and Old Colony Correctional Officials.  A third letter was uncovered during the investigation, where it had been returned to the jail where the defendant was being held.  In the letters, the defendant made plans and requested assistance to pay off the witness.  On February 17, 2012, the defendant learned that law enforcement intercepted his letters and that potential additional charges were forthcoming.

When the defendant received word of this, he made a recorded phone call from jail in which he threatens to “I’m gonna kill a cop, I’m gonna kill one of these cops here, maybe all of them, as many as I can possibly get my hands on.”  He also said, “they’re gonna have to put a Hannibal Lecter mask on me to get me there (to court) ‘cuz I’m gonna kill the (expletive) DA, I’m gonna (expletive) execute the (expletive).”  The defendant additionally stated, “…how’s that for additional charges, you punk (expletive)?!”

The defendant was indicted on charges of intimidation of a witness on February 28, 2012 and arraigned on February 29 where Middlesex Superior Court Assistant Clerk Matthew Day ordered him held on $50,000 cash bail.

The prosecutor assigned to this case is Assistant District Attorney Beth Dunigan.  The Victim Witness Advocate is Theresa Corcoran.  This case was investigated by the MDAO, Everett Police Department and officers from the Old Colony Correctional Facility.


The preceeding article was provided by the Office of Middlesex District Attorney Gerry Leone.


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