Judge Karen L. Goodwin denied a request to reduce bail for Kevin Nieves one of the four suspects accused of taking part in the assault and shooting of Nick Carnevale last August.

The Berkshire Eagle reports that earlier this week, Joseph Harty, the attorney who represents Kevin Nieves, asked Judge Goodwin to reduce Nieves' bail from $20,000 to $5,000 on charges including armed assault with intent to murder, and aggravated assault and battery with a dangerous weapon.

Nieves attorney said in court, that evidence taken from a Facebook conversation in which a key witness allegedly tells one of Nieves' family members they gave police bad information regarding Nieves' role in the Aug. 21 shooting significantly changed the circumstances of the case and weakened the state's position.

Assistant Berkshire District Attorney Joseph Yorlano said in court that the messages changed nothing and that it's the state's contention that it was co-defendant Luis Delvalle-Rodriguez who actually pulled the trigger that night.

Nieves, Delvalle-Rodriguez, and co-defendants Daquan Douglas and Christopher Frazier are all being charged together under the theory that the assault was a joint venture between the men.

After looking at all the evidence,  Judge Goodwin said in her decision,

The court concludes that the Facebook messages do not constitute a significant change in circumstances warranting reconsideration of the bail set by the court.

Nieves also has another case against him of witness intimidation for allegedly contacting that witness from jail and asking them to change their story.

The victim of this crime Nick Carnevale, 20, was shot while trying to leave a party near the Ashley Reservoir.


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