Tuesday October 30, 2012

PITTSFIELD -- The alleged victim of an armed assault told police she heard the click of the handgun after her ex-boyfriend pulled the trigger of the pistol he had shoved in her mouth during an altercation outside a city house party early Sunday morning. The gun did not fire.

Nicholas J. Konton, 21, of Woodlawn Avenue, pleaded not guilty on Monday in Central Berkshire District Court to seven charges, including armed assault to murder, use of a firearm in the commission of a felony, and several gun and drug charges.

Konton was held without bail by Judge Paul M. Vrabel until Thursday when a dangerousness hearing is scheduled to take place. If found to be a danger to the community or the alleged victim, he can be held for up to 90 days without the right to bail.

At about 2 a.m. Sunday, police responded to a report of 15 people fighting in the street on the corner of Danforth Avenue and Seymour Street.

When police arrived, the group had already dispersed. Police spoke with the alleged victim, who said she had been attacked by another woman who bit her breast and wouldn’t let go. The alleged attacker has not been charged as of Monday afternoon.

The 17-year-old alleged victim told police at the scene that during the attack Konton pulled a handgun out, clicked off the safety, stuck the gun in her mouth and pulled the trigger.


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When the gun didn’t fire, Konton pulled it out, racked a round in the chamber and aimed the gun at his ex-girlfriend’s face, but a friend pulled him away, according to the report.

The alleged victim told police Konton had recently joined the Bloods street gang.

Police caught up to Konton on Kent Avenue a few minutes later.

According to the report, police recovered a .22-caliber Ruger pistol from Konton’s backpack. He later allegedly admitted the gun was stolen. His backpack also allegedly contained marijuana and a small amount of cocaine and drug-dealing paraphernalia. He was additionally charged with possession of marijuana with the intent to distribute and possession of cocaine.

Konton is already facing burglary and arson-related charges from late August for allegedly breaking into a home with two other men and stealing items from a Pittsfield home before allegedly taking a truck and setting it on fire.

The Berkshire District Attorney’s Office may be seeking to have his bail revoked on the earlier charges.

A phone call to Konton’s attorney, David C. Cafarelli, wasn’t immediately returned on Monday.

Pittsfield Police Detective Lt. Michael Grady said the investigation was ongoing.

According to the probable cause report, more arrests from the altercation may be on the way.