<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=915327909015523&amp;ev=PageView&amp;noscript=1" target="_blank"> Skip to main content
You are the owner of this article.
You have permission to edit this article.

Judge denies bid to separate murder case of two brothers in the ambush, killing of a Dalton man in 2019

Red and blue emergency lights

PITTSFIELD — A judge has denied a request to separate the cases of two brothers accused of ambushing and killing a Dalton man in 2019.

Carlos and Chiry Pascual-Polanco are scheduled to be tried together for allegedly using a fake Facebook account to lure 18-year-old Dalton resident Jaden Salois to a bogus marijuana deal.

Salois was found with a single bullet wound in his chest on Edward Avenue in Pittsfield at 2:13 a.m., Jan. 20, 2019. The brothers have pleaded not guilty to murder and multiple other charges.

Attorneys for the men filed a motion in Berkshire Superior Court on Monday to separate the cases and have each man be tried independently.

Joseph Franco, who is representing Carlos Pascual-Polanco, said the cases should be severed because of “mutually antagonistic defenses.”

Notably, Chiry Pascual-Polanco’s alibi for the evening is that he was home sick from 10 p.m. on Jan. 19, 2019, until noon on Jan. 20 when police arrived at his home. Facebook messages between Salois and the fake account, under the name of “Jack Herrer,” began around 12:33 a.m., placing Chiry away from the scene of the crime.

Chiry’s alibi hinges on the idea that the Honda CRV believed to be used in the crime was taken after he was dropped off because he felt sick, according to defense attorney Louis Badwey.

But Assistant District Attorney Karen Bell argued that the cases were not mutually antagonistic, and may not even be at odds with each other.

Judge Douglas Wilkins ruled said there were not sufficient grounds to sever the cases, though he said he would consider a limiting instruction to the jury in the case regarding aspects of the testimony. It was the second unsuccessful severance motion filed in the case.

2 more men plead not guilty to murder in shooting death of Dalton man

A motion was also filed regarding the admission of evidence from third-party witnesses, in which Bell argued that the defense should not be allowed to admit evidence from third parties without approval from Wilkins and the prosecution. The defense agreed to present third-party witnesses to the bench.

The two brothers face seven charges, including murder, two counts each of possessing firearms and ammunition without a firearms identification card, use of a firearm while committing a felony and drug possession with intent to distribute.

A third man, Dasean Smith, who is believed to be the owner of the “Jack Herrer” account, also has been charged in the case. He was not part of Monday’s proceedings.

He faces four counts, including murder, possession of a firearm and ammunition without a firearms identification card and use of a firearm while committing a felony. His trial is scheduled for Oct. 24, 2022.

Matt Martinez can be reached at mmartinez@berkshireeagle.com.

Get up-to-the-minute news sent straight to your device.