Malden Man Pleads Guilty to Accessory, Gun Charges

A Malden man was sentenced to three to four years of prison time in connection to a 2009 shooting death on Bowdoin Street. Authorities alleged Patrick Joseph, 25, of Malden, hid the gun used to kill Samuel Berhane, 21, of Boston, in a botched drug deal.

Joseph pleaded guilty to charges of accessory after the fact to murder, firearm possession, six counts of ammunition possession, and two counts of possession of a firearm with defaced serial numbers. According to a statement from the Middlesex County District Attorney’s office, Joseph will also face three years probation after he serves jail time. Joseph entered his plea in Middlesex Superior Court in Woburn.

“This defendant pleaded guilty to hiding the firearm used to shoot a young man,” said District Attorney Gerry Leone in the statement.

The case is based on the shooting death of Berhane on April 28, 2009. According to the DA’s statement, Malden police arrived at 179 Bowdoin Street that night, responding to reports of shots fired. They found Berhane on the ground with two gunshot wounds to his chest and abdomen. After attempts to revive him failed, EMTs pronounced Berhane dead at the scene, according to the statement.

Investigators believe Berhane went to the Bowdoin Street location to buy marijuana and a gun from Richard Russo, according to the statement. Police believe the two men started to fight, and Berhane was struck with a 2-by-4 several times and shot.

“It is alleged that immediately following the shooting, the victim was dragged out of the residence, his belongings were removed from his pocket and Russo took the firearms and fled to his residence a short distance away where he immediately showered and changed his clothing,” read the statement. “Russo allegedly gave the guns to Joseph and, with Mercado's assistance, disposed of his clothing and the victim's cell phone. Police located both guns at Joseph's residence along with numerous rounds of ammunition during the execution of a search warrant.“

Russo stands trial on May 13 on charges of manslaughter, firearm possession, conspiracy to transfer a firearm, three counts of transferring a firearm, two counts of ammunition possession, and two counts of possession a firearm with defaced serial numbers. He’s been held on $500,000 bail since July 8, 2009.

Stephanie Mercado, 20, of Revere also faces accessory after the fact to manslaughter and conspiracy to transfer a firearm charges in the case.  Mercado was Russo’s girlfriend and there the night of the shooting, according to authorities. Her trial begins on May 24.