Last modified: Thursday, July 10, 2008 2:04 AM EDT
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| Mark Hayden, 19, of Mansfield, is led into Attleboro District Court Wednesday by Mansfield Police Detective Frank Archer, left, and Court Officer Howard Werman. (Staff photo by Martin Gavin) |
Mansfield slaying drug deal gone awry, say police
BY DAVID LINTON SUN CHRONICLE STAFF
MANSFIELD - Authorities say a drug deal gone horribly wrong was at the center of the slaying of a recent high school graduate, who was destined for college on a scholarship, and a high school dropout now faces life in prison if convicted of the murder.
The victim, Andrew Colwell, 18, of 83 Tanya Drive, and another man arranged to meet Mark Hayden, 19, of 702 Francis Ave., in Mansfield, in order to sell three quarters of a pound of marijuana Monday night, court records say.
Police say that amount of marijuana sells from between $750 to $1,000.
But events turned violent when Colwell, driving his family's Jeep Cherokee, picked up Hayden at Stearns Avenue and Bonney Lane and drove nearby to Edgewood Condominiums on Erick Road.
Hayden, sitting in the back seat, pulled out what authorities say was a small-caliber handgun and pointed to Colwell's head.
"Give me everything you got," Hayden allegedly shouted before firing the weapon.
Hayden then allegedly turned the weapon on the front-seat passenger, identified as 19-year-old Daniel Pongitore of Mansfield, and demanded the marijuana. After being given the contraband, Hayden ran off, according to court records.
Pongitore, who has not been charged with any crime, but was questioned by police, told investigators he checked on Colwell and then told a witness to call 911.
"Pongitore ran back to the Jeep and told his friend to hang on and that help was on the way. Pongitore, fearing for his life and in a panicked state, fled the area as well," Mansfield Detective Michael Ellsworth wrote in a report.
Pongitore could not be reached for comment Wednesday afternoon.
His father, Joe Pongitore, said in a telephone interview that he has been told conflicting versions about what happened on the night of the murder. He said his son and Colwell were good friends who saw each other almost daily.
"He's devastated. I mean, he's totally devastated," Pongitore said of his son.
The murder was the first in town in 17 years.
In May 1991, Eric Waite, a 17-year-old Mansfield High School student, was stabbed to death in a wooded area between the police station and his Union Street home. The murder remains unsolved.
Hayden was ordered held in jail without bail following his arraignment in Attleboro District Court where innocent pleas were entered by the court.
He faces charges of murder, armed robbery, assault with intent to rob with a firearm, carrying a firearm without a license and possession of marijuana. If convicted of first-degree murder, he faces life in prison without the chance of parole.
He seemed unfazed by his legal problems when he was brought into court by Mansfield detectives Sgt. Sam Thompson, the lead investigator, and Frank Archer.
"Do you want my autograph, too, homey?" Hayden said to one of a phalanx of cameramen who waited his arrival.
Bristol County District Attorney Sam Sutter would not comment about evidence in the case or continuing investigation.
But court records indicate Hayden admitted in a videotaped statement to police that he shot Colwell in the head.
Assistant District Attorney Cynthia Brackett, who is prosecuting the case, said in court that Hayden told witnesses interviewed by police that he recently purchased the weapon.
Authorities only know that it was a small-caliber weapon and say it has not yet been recovered.
In answer to a question from Judge Gregory L. Phillips, Brackett said investigators are pursuing how Hayden purchased the gun.
Hayden's lawyer, Francis O'Boy of Taunton, said it was too early in the case to comment specifically about the prosecution's claims.
"There were three people involved. It was a drug deal gone bad. Who fired the shot is a live issue," O'Boy said.
Hayden obtained a graduate equivalency diploma and worked doing odd jobs, O'Boy said.
Hayden was apprehended at South Station in Boston, where, Police Chief Arthur O'Neill said, he was preparing to board a bus to Kentucky. Authorities believe that Hayden has family in that state.
He was detained by MBTA police and taken into custody by local and state police detectives. At the time of his arrest, police say he had marijuana stashed inside two Pringles potato chip cans, hidden under some potato chips, according to court records.
O'Neill praised local detectives and state police detectives assigned to the Bristol County district attorney's office, saying they did a "superb job". He said the case remains under investigation and others may face charges.
O'Neill emphasized that there was no connection between the shooting and an incident last week at the same condo complex in which a SWAT team was brought in to arrest a man on weapons charges.
He stressed that the shooting was not random, and that residents should feel safe.
The family of Andrew Colwell has asked for privacy to grieve, and released a brief statement through the Bristol County District Attorney's office.
"We would like to extend our heartfelt thanks to the heath care professionals and law enforcement agencies for their relentless efforts in assisting Andrew and our family during this very difficult time," Sutter read during a news conference.
Colwell was a popular student at Mansfield High School who had just graduated in the spring and planned to attend the University of New Hampshire in the fall on a scholarship.
The slaying has stunned the town.
Immediately afterwards, Colwell's friends, classmates and acquaintances joined a group on Facebook called "Help Find Andy's Killer," with many offering personal messages lamenting the loss of the teenager.
Mansfield High School graduate Mark Stephan, who started the Facebook group, wrote, "Andy was a good kid; he didn't deserve any of this."
Grief counselors will be available at the school from 9 a.m. to 1 p.m. until Friday.
DAVID LINTON can be reached at 508-236-338 or at dlinton@thesunchronicle.com. |