Another suspect in reservoir shooting charged with witness intimidation

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PITTSFIELD — For the second time in two days, one of the four suspects in last summer's assault and shooting at the Ashley Reservoir has been charged with witness intimidation.

Kevin Nieves, 19, who already was facing multiple charges in the Aug. 21 incident, was arraigned Friday on the new charge.

A second suspect, Luis Delvalle-Rodriguez, 23, pleaded not guilty to the same charge Thursday.

Assistant Berkshire District Attorney Joseph Yorlano confirmed that the alleged intimidation in Nieves' case was carried out by letter, but offered no other details of the accusation, including to whom the letter was sent or the nature of its content.

Likewise, details regarding Delvalle-Rodriguez's allegations were not available from the Berkshire District Attorney's Office.

The two men, along with Daquan Douglas and Christopher Frazier, have pleaded not guilty to nearly a dozen charges in the case, including armed assault with intent to murder, armed kidnapping, and assault and battery with a dangerous weapon. They remain held without bail.

Nieves was the first of the four defendants to be arrested and charged in the case and, according to information aired throughout multiple court hearings, might have instigated the attack.

The victim, Nick Carnavale, and two friends were attending a large party near the reservoir in the town of Washington the night of the shooting.

At one point, the group was trying to leave the party amid some alleged tension stemming from lingering resentment on Nieves' part about a breakup. Nieves used to date the woman who accompanied Carnevale to the party and, according to at least one witness, was having a hard time moving past the ending of that relationship.

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Text messages from Nieves to the woman reportedly support that assertion.

Yorlano quoted part of a message exchange from Nieves to the woman in reference to seeing her at the party: "I didn't get over you in a snap of a second. I've been doing good respecting you but I don't know how I am going to react."

The group's truck became stuck in mud as they tried to leave, and, what has been described as a "mob" armed with sticks and branches attacked the truck and forced out Carnevale.

According to witnesses, Nieves yelled to Carnevale while his was in the vehicle, "Get out, or we will start shooting," Yorlano said.

At some point during the commotion, shots were fired and the group scattered. Carnevale was struck twice in the head, according to family members. He has undergone multiple surgeries and is facing a long road to recovery.

Questions remain regarding who fired the shots, though, according to statements in court, Delvalle-Rodriguez inadvertently might have been recorded admitting that he pulled the trigger.

A public records request for access to sealed records in the case is pending.

Nieves pleaded not guilty Friday in Berkshire Superior Court to a single count of witness intimidation. He is due back in court March 27 for a pretrial hearing.

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


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