GREAT BARRINGTON >> Former town official and by-choice homeless man David Magadini will face a total of 16 new charges, mostly connected to trespassing, at a hearing on Sept. 8 in Southern Berkshire District Court.

Magadini, 69, will also face seven trespassing charges in connection with a court case in 2014.

While six of the seven 2014 charges were vacated by the state Supreme Court on June 23, the Commonwealth of Massachusetts can still retry him.

The six trespassing charges were vacated by the court because, in their opinion, the jury in the case was not made aware of the application of the "necessity defense" in the case. The necessity defense is a legal term that posits that following the law would do more harm than breaking it.

In this case, Magadini's attorneys argued that he opted to trespass on various parcels of private property because he needed shelter from the harsh weather.

Six of the seven trespass charges were dropped because they were filed during the winter months. A seventh charge was filed in June. All seven charges carried a concurrent sentence of 30 days in jail.

But since 2014, Magadini has incurred a total of eight trespassing charges, three counts of disorderly conduct, two counts of breaking and entering with intent to commit a misdemeanor and three counts of violation of a municipal bylaw.

The most charges, seven, are for trespassing and disorderly conduct at the Great Barrington Post Office. The Mason Library, a local laundromat and the Lee Bank were also targeted.


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The three counts of violation of a municipal bylaw were filed in April. At that time, Magadini was cited for having three unregistered motor vehicles on his Christian Hill Road property. According to the police report, none of the vehicles have been registered for several years.

Great Barrington police report that Magadini has been appraised of the deterioration of the vehicles but has done nothing about them.

Contact Derek Gentile at 413-496-6251.