19-year-old indicted in Ashley Reservoir shooting; 2 more indictments expected this week

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PITTSFIELD — One of three men charged in a late-August assault and shooting that left a 19-year-old man seriously injured has been indicted by a Berkshire grand jury on nearly a dozen charges, including armed assault to murder and aggravated armed kidnapping.

Kevin Nieves, 19, remains held without the right to bail following his arraignment Tuesday in Berkshire Superior Court. His co-defendants, Luis Delvalle-Rodriguez, 23, and Daquan Douglas, 24, also are expected to be indicted this week.

Records in the case remain sealed, but Assistant Berkshire District Attorney Joseph Yorlano has outlined the state's theory of events during various hearings in the three defendants' cases.

The victim, Nick Carnevale, and two friends went to a large gathering at the Ashley Reservoir in Washington, and, early the morning of Aug. 21, tried to leave amid tension between Carnevale and Nieves.

Nieves reportedly used to date the woman accompanying Carnevale to the party, and had a difficult time moving past the breakup.

The group's truck was stuck in mud and couldn't pull away before a "mob," some carrying sticks and branches, began attacking the truck and forced out Carnevale. Multiple shots were fired and the group scattered; Carnevale was shot three times, including in the head.

Witness interviews identified Nieves, Douglas and Delvalle-Rodriguez as the assailants, although the reliability of some of those identifications have been disputed by attorneys for the defendants.

Nieves, who was initially arraigned in Central Berkshire District Court in August, pleaded not guilty Tuesday before Judge John Agostini to two counts each of kidnapping while armed with a firearm and assault and battery, and one count each of assault to murder while armed with a firearm; assault and battery with a dangerous weapon causing serious bodily injury; assault and battery with a dangerous weapon; armed kidnapping with serious bodily injury; carrying a firearm without a license; possession of a firearm during the commission of a felony; and malicious damage to a motor vehicle.

Nieves, who is being represented by Springfield attorney Joseph Harty, remains held without bail. He is due back in court on Oct. 18 for a bail hearing.

Douglas and Delvalle-Rodriguez were also each held without the right to bail following their respective dangerousness hearings in Westfield District Court. Those decisions were reversed in Hampden Superior Court and bail was set at $10,000 for Douglas and $20,000 for Delvalle-Rodriguez.

Carnevale, meanwhile, is facing a long, slow recovery from his injuries.

A GoFundMe page has been established to help raise money for medical expenses. As of Tuesday afternoon, nearly $38,000 of the $65,000 goal had been raised.

Bob Dunn can be reached at bdunn@berkshireeagle.com, at @BobDunn413 on Twitter and 413-496-6249.


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