A request to release the North End restaurant owner accused of shooting at a man outside a popular bakery over the summer to the custody of his family has been struck down in court.
Suffolk Superior Court Judge Katie Rayburn on Wednesday ordered the alleged shooter, Patrick Mendoza, 54, to remain behind bars until next May, a day after the suspect pleaded not guilty to charges related to the July 12 shooting outside of Modern Pastry on Hanover Street.
The incident allegedly involved a man Mendoza is said to have had a long-simmering relationship with. While no one was injured, Modern sustained damage to its window.
Mendoza, whose family owns Monica’s Trattoria on Prince Street, has been held without bail since late July after he was charged with assault by means of a dangerous weapon, assault and battery by means of a dangerous weapon, and assault and battery.
The long-time North End resident also faces charges of carrying a firearm without an FID card or license, possession of ammunition without an FID card, witness intimidation, and possession of a firearm within 500 feet of a dwelling.
Rayburn took the bail status under advisement Tuesday after hearing debate from a prosecutor and his attorney over whether Mendoza should be released.
District Attorney Kevin Hayden, in a statement, said Rayburn made the right decision to keep Mendoza barred for at least the next half year, as the bail status will continue until May 1, 2024.
“This is an appropriate ruling given the extreme danger of Mr. Mendoza’s actions, which occurred in one of the city’s busiest areas and on one of its busiest streets,” Hayden said. “To fire shots on any Boston street is intolerable, but add the fact that this area is packed with tourists, diners and residents at all times of the year – and even more so during the summer season – and the danger level ratchets up even higher.”
Mendoza’s attorney Rosemary Scapicchio asked Rayburn on Tuesday to set a “reasonable bail” and to release him to the custody of his family on conditions that would “protect the public.” She argued that prosecutors have not provided sufficient evidence that Mendoza even fired a gun at all.
Assistant District Attorney Daniel Nucci pointed out the “craziness of this shooting,” with it happening on a busy Hanover Street and on the same day Mendoza’s probation for an assault case involving the other man in 2022 expired.
Nucci said, “The Commonwealth contends that alone shows there are no conditions of release where it can say ‘That won’t happen again if Mr. Mendoza is released today, tomorrow, the next day.’ “
