Driver in fatal Cape Cod collision was released from jail in separate case after judge lowered bail

Massachusetts

FALL RIVER, Mass. (WPRI) – A 22-year-old Fall River man, who police say caused a fatal crash that claimed the life of a new father on Cape Cod, had been released from jail in another case after a judge lowered his bail, the Target 12 Investigators have learned.

Mickey Rivera was facing charges for his role in the 2015 shooting death of Anthony Carvalho in Fall River. Rivera was indicted in June of that year on charges of armed assault with intent to rob, attempted robbery, conspiracy and witness intimidation.

Originally Rivera had been held on $35,000 bail, but a spokesperson for the Bristol County District Attorney’s office said Rivera appealed his bail following a state Supreme Court decision in another case – Commonwealth v. Brangan – that ruled judges had to set bail which defendants could afford.

Over the objection of prosecutors, Fall River Superior Court Judge Thomas McGuire lowered Rivera’s bail to $1,000.

“The SJC’s Brangan decision instructed lower court judges to set bail at levels defendants can afford,” spokesperson Gregg Miliote said in an email. “In the same decision, however, the SJC did state that judges could still set higher cash bail in cases as long as judges provide their reasoning for bail amounts that are beyond a defendant’s ability to afford.”

Rivera was behind the wheel of a car that police say refused to stop on Route 28 in Mashpee just after midnight on Saturday. According to two-way police radio traffic from the website Broadcastify.com, speeds reached 65 miles per hour right before Rivera slammed head-on into a truck driven by Kevin Quinn. The 32-year-old Marine – who served two tours in Afghanistan – was killed.

Quinn, of Mashpee, was on his way home from the hospital where he had just visited his newborn daughter and wife. 

Rivera was also killed, and a passenger in his car was transported to a Boston hospital where she was last listed in critical condition.

Outside court on Monday, Rivera’s sister, Sharon Rivera, apologized for her brother’s actions.

“I just wish my brother could change the poor choice of actions that also took the other two souls with so much to live for,” Rivera said. “My heart is torn into pieces, not only for my own loss, but also for the loved ones who were also taken from their families.”

“He made some poor choices in the past but that’s because we didn’t have the best upbringing,” Rivera said. “We’re just sorry for everything that has happened.”

In a statement, Bristol County District Attorney Thomas Quinn said, “I was very disappointed the court reduced the defendant’s bail so drastically, based on the defendant’s criminal record and the serious nature of the charges.” 

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