Commonwealth v. Stacey

Defendants Robert Stacey and Brian Ford each stand indicted on charges of rioting (G.L.c. 269, §1) and injuiy to property (G.L.c. 266, §130) arising from their alleged participation in a disturbance at the Billerica House of Corrections, where they were inmates, on April 3, 1995. Stacey and Ford have now moved to dismiss the indictment alleging rioting (95-1107-001 and 95-1109-001) on the ground that G.L. c. 269, §1 does not charge an indictable offense, and to dismiss all indictments on double jeopardy grounds, claiming that they have already been punished administratively for the same…