Bristol County D.A. Decries Judge Vacating New Bedford Man’s Conviction

FALL RIVER (WBSM) — Bristol County District Attorney Thomas Quinn called a judge’s decision to vacate the unanimous decision of a jury convicting a New Bedford man for an armed assault with a firearm “another example of a disturbing trend of judicial overreach.”

“Jurors make considerable sacrifices to sit on jury trials. Taking away jury verdicts significantly undermines the role of jurors in the criminal justice system. This is not how our system of justice is supposed to work,” Quinn said.

Gregory Robinson of New Bedford was convicted on January 28 of assault and battery by discharge of a firearm, attempted assault and battery by discharge of a firearm, unlawful carrying of a firearm and unlawful possession of a loaded firearm.

Gregory Robinson’s Crime

The charges date back to March 4, 2024, when Robinson shot at a motor vehicle in New Bedford with two occupants, striking one of the victims in the thigh and buttocks. Robinson was arrested and was ordered held without bail. He was later released by the court after the time he could be held elapsed and he was released on November 15, 2024 on conditions of home confinement with GPS monitoring.

While out on release, Robinson was arrested on January 7, 2025 for a new offense of assault and battery on a household member. His bail was revoked, and the case then proceeded to a jury trial in front of Judge Thomas McGuire in Fall River Superior Court on January 22.

“The court heard and denied (Robinson’s) motion for a finding of not guilty before allowing the jury to deliberate on the case. However, the court invited the defendant to renew the motion if the jury rendered a guilty verdict,” Quinn said. “After deliberating for part of two days the jury unanimously convicted the defendant of all charges on January 28, 2025. The Commonwealth’s case consisted primarily of video evidence which the jury considered in rendering their guilty verdict.”

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After Robinson was convicted, he again asked the court to enter a finding of not guilty. Judge McGuire held a hearing on February 7, and then set aside the unanimous guilty verdict in a written decision on February 14.

“The court indicated there was insufficient evidence for the jury to convict the defendant and rejected reasonable inferences argued by the Commonwealth and adopted the jury,” Quinn said, noting his office had appealed the decision.

On February 18, Robinson was released from custody, and Quinn said the Commonwealth filed an emergency appeal due to the continuing danger he poses to the community.

“The judge’s decision to take away this jury verdict is yet another example of a disturbing trend of judicial overreach where judges substitute their own view of the facts to wipe out legitimate and unanimous jury verdicts,” Quinn said. “Taking away a jury verdict is something that I have rarely seen throughout my career.”

Quinn Calls It “Judicial Overreach”

“This act of judicial overreach undermines people’s confidence in the jury system that goes to the very heart of our democracy and criminal justice system,” Quinn said. “In almost every case, these issues are for the appellate courts to decide, not just one person who disagrees with the prosecution and jury’s assessment of the evidence.”

Quinn said it’s the second time Judge McGuire vacated a jury verdict in the last several months, pointing to another case in which Scott Fontaine, who had been convicted by a jury of possession of child pornography and indecent assault on a minor, had his conviction vacated. That decision was also appealed.

Other Cases Had Jury Convictions Set Aside by Judges

“Several years ago, Judge Gregg Pasquale set aside a jury conviction in the case of Com v. Bruno Lopes who was convicted of a violent shooting. My office appealed that decision, and the conviction was reinstated by the Appeals Court,” Quinn said. “Bruno Lopes was released by the court pending the appeal and went on to commit several violent offenses while on release. This included shooting into a house.”

“Judge Susan Sullivan recently vacated another jury verdict in Com v. Shawn Souza, a former Dartmouth officer convicted of child rape. We are appealing that decision,” Quinn said. “Despite the jury verdict in that case, Judge Sullivan also released the defendant from custody.”