PITTSFIELD -- A city man accused of stealing cash from a 70-year-old disabled man in order to buy drugs remains free after pleading not guilty to criminal charges.
According to the Pittsfield Police, Douglas W. McGuigan Jr., 23, of Orchard Street, stole $269 from the pants pocket of the man while he was using the toilet, ran from the house and nought cocaine with some of the money.
McGuigan’s girlfriend usually was the one providing the man assistance. But since she was injured at the time, McGuigan had been helping him instead, according to the police report.
Afterward, police officers witness McGuigan buying cocaine on John Street from Stansbury Johnson, 34, of Springside Avenue, according to a second police report.
McGuigan was allegedly found with a bag of cocaine -- the amount was not mentioned in the police report -- and $40 in cash.
Johnson had $572 on him, but no drugs, according to the report.
On Wednesday, both men appeared in Central Berkshire District Court.
McGuigan denied single counts of felony larceny from a person over 65 and misdemeanor possession of cocaine.
His attorney, Thomas J. Donohue, said the facts as presented in the two police reports don’t support the allegations of the larceny. He said there was nothing indicating his client was seen running from the house, he was arrested with only $40 on him and Johnson’s money was sorted from $100s to $1s.
While in custody, McGuigan adamantly denied taking any money from the man, according to a report.
He was released on personal recognizance.
The defendant is also facing a a violation of probation on a 2013 case on charges of assault and battery and assault and battery with a dangerous weapon (a shod foot).
Last July, he and another man punched and kicked a 42-year-old man, according to Pittsfield Police.
In February, McGuigan pleaded to sufficient facts for a finding of guilt and was given a continuation without a finding of guilt for six months.
On Wednesday, the probation department indicated it would be asking for jail time on the violation and asked the court to hold the defendant without bail.
Judge Jacklyn M. Connly released McGuigan. He is due back in court on July 23.
Johnson denied a single count of felony distribution of cocaine as a subsequent offense and was released on $200 bail. He’s due back in court on July 11.
In 2007, he was sentenced to 3 to 3 1/2 years in state prison for cocaine distribution stemming from a crack sale in the city the year before.
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