EagleTribune.com, North Andover, MA

Haverhill

September 9, 2010

Man freed in 2008 shooting arrested again

HAVERHILL — A city man who escaped prosecution on an attempted murder charge is in trouble with the law again, this time for kicking a car during an argument with a woman, police said.

Chayanne Toledo, 19, of 45 Nichols St., third floor, was charged in December 2008 with shooting a man in the abdomen, but the charges have been dismissed, court officials said. The dismissal came after the victim refused to testify in the case and left the country, said Stephen O'Connell, spokesman for the district attorney's office.

Toledo's latest arrest came Saturday afternoon when he kicked and dented the fender of a 1993 Honda Accord owned by a woman with whom he had an argument, Assistant District Attorney John DePaulo said. They were arguing about a mutual friend, DePaulo said.

When police tried to talk to Toledo about the incident, "he wouldn't answer any questions," DePaulo said.

"This is somebody who should be walking very carefully, but who isn't," DePaulo said of Toledo, asking for $2,500 cash bail on him.

"She's afraid of him," he said, referring to the owner of the car.

Haverhill District Court Judge Stephen Abany ordered Toledo held on $350 cash bail, which he raised and was able to bail himself out of the Middleton jail Tuesday night, said Essex County Sheriff's Department spokesman Paul Fleming.

As he set bail, the judge warned Toledo, "Nothing is to happen to anyone involved in this case."

Toledo faces a charge of destruction of property.

In the case involving the attempted murder charge that was eventually dismissed, police charged Toledo with shooting Hector Lima, 24, in the abdomen the early morning of Dec. 28, 2008, in front of Lima's apartment building at 103 Portland St. Police said Toledo shot Lima after an argument.

Toledo was charged with attempted murder, assault and battery with a dangerous weapon and discharging a firearm within 500 feet of a dwelling. He was on the run for several weeks before police took him into custody.

Lima was taken to Lawrence General Hospital, then transferred to Massachusetts General Hospital. He was in critical condition, but recovered.

O'Connell said Lima refused to cooperate with authorities and testify against Toledo. He ended up leaving the United States, so the district attorney's office asked a Salem Superior Court judge to dismiss the charges against Toledo on May 3, O'Connell said. The dismissal was granted.

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