Man accused in Ashley Reservoir shooting facing new rape charges

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PITTSFIELD — One of the men accused of taking part in an August assault and shooting near the Ashley Reservoir is facing new, apparently unrelated charges.

Luis Delvalle-Rodriguez, 24, appeared in Berkshire Superior Court on Wednesday and entered not guilty pleas to two counts of rape of a child and one count of indecent assault and battery on a person 14 or older.

According to the Berkshire District Attorney's Office, the alleged assaults took place in Pittsfield on Aug. 4, three weeks before the Ashley Reservoir incident.

Details of the new accusations against Delvalle-Rodriguez were not immediately available.

Those charges are in addition to the ones he shares with co-defendants Kevin Nieves, Daquan Douglas and Christopher Frazier, including kidnapping while armed with a firearm, assault to murder while armed with a firearm and assault and battery.

Delvalle-Rodriguez and Nieves also incurred additional charges of witness intimidation in connection with the Ashley Reservoir case.

In court Wednesday, future dates for the cases of the four men were established, with trials tentatively scheduled in November. Pretrial hearings were set for May 21 and a motion hearing was set for Aug. 6 to discuss motions to suppress evidence and dismiss charges.

Attorneys for the four men also mentioned an intent to file a motion for a change of venue to have the cases moved out of Berkshire County, though Judge John Agostini said that would be a decision made at trial, if there is an inability to empanel a jury at that point.

Delvalle-Rodriguez might also need to have a new attorney appointed as his current lawyer, Donald Frank, said he likely has a conflict that will require him to withdraw. Frank did not disclose details of that potential conflict in court.

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According to information aired in court and documents obtained by The Eagle, the victim, then-19-year-old Nick Carnevale, and two friends went to an Aug. 21 party, apparently organized via a private Facebook group.

Nieves allegedly warned the woman who accompanied Carnevale to the party not to bring him and made veiled threats when he did so. Nieves and the woman had been dating, which ended sometime before the party.

At some point, Carnevale and others attempted to leave the party in Carnevale's truck, but it became stuck in mud as a group, wielding sticks and other pieces of wood, surrounded the truck and demanded Carnevale come out or shooting would start.

According to court files, Carnevale was forcibly removed from the truck, attacked and, at some point, multiple gunshots were fired and he was struck in the head.

Carnevale's survival has been referred to by prosecutors as miraculous.

There are conflicting reports and witness statements about who actually fired the shots.

Delvalle-Rodriguez is being held on $20,000 bail on the charges connected to the shooting. He had a nominal bail of $100 set on his new charges, so he will be able to earn credit for time served in custody.

Nieves' bail was also set at $20,000, and Douglas and Frazier had bail set at $10,000 and $5,000, respectively.

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


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