Judge says man who stole jewelry from home of 74-year-old widow getting a break - MassLive.com
Marcus Copeland pleaded guilty Thursday to breaking and entering in the daytime to commit a felony and larceny over $250 from a person over 60. The woman from whose house he stole jewelry was 74.
Ferrara said he would sentence within the guidelines recommended by the state. He sentenced Copeland to 2½ years in the Hampden County Correctional Center in Ludlow, with one year to be served and the balance suspended with three years probation.
Ferrara said he believed Copeland, who cried as he was handcuffed and brought out of the courtroom, was getting a break because the state guidelines understate his out-of-state record.
Sentencing guidelines look at the person's criminal record, the crime committed and other factors. Judges can go above or below the guidelines if they choose. Prosecutors can argue there are mitigating factors that call for a sentence above the guidelines; defense lawyers can argue mitigating factors that call for a below-guidelines sentence.
Simonian read an impact statement from the daughter of the victim. The daughter said her mother had gone out for a brief time and returned to see a broken windowpane in the door. The house alarm she had set when she left was sounding.
"The first thing she noticed was a black glove on a bed where she slept every night," the daughter said. "Her voice was trembling when she called."
The woman had recently lost her husband of 57 years, and asked her daughter if she could sleep over. The daughter said her mom has limited her outings during the daytime. Her mother's life as she knew it has changed after the trauma the break-in caused, she said.
Simonian said the break-in was Dec. 4, 2015, shortly before 2:30 p.m. There were several items of jewelry, worth about $550, missing from a wooden jewelry box in a bedroom. The jewelry box had a mirror on the inside, and that's where Copeland left a fingerprint, Simonian said.
A police detective found jewelry matching the description of the stolen items had been pawned at Loan USA. The detective got the jewelry and the woman identified it. The woman will get her jewelry back.
Simonian said Copeland has a juvenile record dating back to age 11, including six state Department of Youth Services commitments.
Copeland has an adult record in this state and Virginia, Simonian said. The record includes breaking and entering, larceny, assault with a dangerous weapon, resisting arrest and malicious damage, she said.
Simonian called Copeland a career criminal, saying, "Although people do make mistakes, Mr. Copeland has made too many."
Defense lawyer Johnathan R. Elliott asked for a sentence of three years probation. He said Copeland has just begun mental health counseling, which he never had before.
"He's known there's been something wrong for many years," Elliott said. He said Copeland has found out he has post-traumatic stress disorder and depression.
As conditions of probation, Copeland must stay away from the victim and participate in mental health counseling.
