EagleTribune.com, North Andover, MA

Merrimack Valley

October 26, 2013

Police: Five charged in 'botched' home invasion

(Continued)

The men are facing assault charges, as well as alcohol-related charges. Police found a realistic-looking pellet gun that resembled a handgun, as well as beer, hard liquor and three bags of marijuana in the Acura.

Lawyers for the men denied the allegations.

Figueroa’s lawyer, Patrick Regan, said his client did not have access to the locked glove box where the pellet gun was found and said there is no other evidence tying him to the crime.

Thomas Burke, who represented Fronduto, said there was no plan for a robbery; the men were planning to fight. Fronduto pushed the gun down after realizing that his co-defendant had aimed it toward the car, Burke said.

Lawyers for the remaining defendants said their clients were passengers in the Acura and had no idea what was happening.

Prosniewski said after the hearing that the proximity of the Acura to the victim’s house on Dow Street calls that claim into question.

Judge Matthew Nestor set bail for Fronduto at $5,000 and for Mottola, Hussien and Figueroa at $1,000 each; Trinidad was released on personal recognizance in the new case but remained held on a Peabody warrant in an unrelated case.

A pretrial hearing is set for Nov. 20.

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