Chatham Teen Placed On Probation In Goose Pond Case

BARNSTABLE – The Chatham teen charged in connection with an alleged racially motivated incident at Goose Pond in July 2023 was sentenced to three years probation Wednesday in Barnstable Juvenile Court.

The 15-year-old male, who The Chronicle is not identifying because of his age, was also ordered to perform 720 hours of community service over the duration of his probation, which ends Feb. 4, 2028. He also was ordered to write a letter of apology to and to have no contact with the victim, a Black teen, to continue counseling and to complete online educational courses. 

It is alleged that the teen and another then-13-year-old invited the victim to the pond on July 19, 2023. Upon the victim’s arrival, the two teens, who are white, allegedly threw stones at and later repeatedly attempted to drown the victim, who could not swim. It is also alleged that the teens directed racial slurs at the victim, and that the other teen in one instance called him “George Floyd,” a reference to the Black man killed by Minneapolis Police in May 2020.

The sentence handed down by Juvenile Court Judge Sylvia Gomes came from a joint recommendation from the teen’s attorneys, Kevin Reddington and Matthew Kelly, and prosecutors with the Cape and Islands District Attorneys Office. Gomes also reviewed 15 letters of recommendation that were submitted on the Chatham teen’s behalf, as well as a statement from the family of the alleged victim. Assistant District Attorney Eileen Moriarty said the victim’s family was in support of the recommended sentencing.

“I do think ultimately this is a fair resolution for all parties,” Gomes said.

The teen has been under home confinement at his family’s home in Chatham since his arraignment on charges of attempted murder and assault with a deadly weapon in September 2023. The Chatham teen was charged as a “youthful offender,” meaning that he could have been sentenced as an adult despite being a minor.

While he initially pleaded not guilty to both charges, the teen changed his plea to guilty in December. The case had been set to go to trial in March.
Reddington on Wednesday took aim at Cape and Islands District Attorney Rob Galibois, who he said manufactured the case against his client “out of clay” and cast him out to be a racist.

“This case has taken on a life of its own, and we have a puppetmaster. His name is Mr. Galibois,” he said. Reddington said his client has been approached by people on the street who have called him a racist.

Reddington also took issue with the decision to charge his client as a youthful offender while the other teen charged in the case is being charged as a juvenile.

“His life will move on with no impact whatsoever,” he said of the other teen. “But big score for Mr. Galibois. You’ve got a young kid who for the rest of his life will be branded as a racist because of this case.”

“As has been noted, a young boy was pulled under water multiple times,” Galibois said following Wednesday’s hearing. “This was after stones were being thrown at him, with the name George Floyd ringing in the air.”

The motives of the alleged victim also were called into question Wednesday. Reddington played a short audio clip of someone he said was the victim laughing at another child with developmental disabilities’ use of the “n-word.” He also referred to the Goose Pond incident as a case of “horseplay” between friends.

Reddington asked that Gomes accept the recommended sentence. He said a lesser sentence would result in the prosecution withdrawing its recommendation and opting instead to proceed with a trial.

“That’s why we’re here today,” he said. “Because I cannot in my years of experience risk this kid going to state prison because a jury may say he’s guilty.”

Kelly, meanwhile, commended his client’s perseverance amidst the scrutiny the case has brought upon him over the past 19 months. He said that the letters of recommendation from friends, family and co-workers on his behalf should be taken into consideration during sentencing.

“Lesser people would crumble at what was thrown his way,” he said.

Gomes pushed back on the defense’s criticisms of the victim and references to the alleged incident as “horseplay.” 

“Even if you take the racial component out of it, it was a horrific set of facts,” she said. “No other human being should have to tolerate it.” She also disagreed with the opinion from Dr. Paul Zeizel, a forensic psychologist that has been working with the Chatham teen, that the case against the teen was, as Reddington put it, “a miscarriage of justice.”

But Gomes said she also agreed with Zeizel’s finding that the teen is a “low risk” for reoffending. She called the teen “a young man who has a lot of potential.”

Gomes noted that any violation of his probation could result in the Chatham teen being committed to the Department of Youth Services until the age of 21.

Galibois stood behind the manner in which his office prosecuted the case against the Chatham teen, and said “the community expects and demands that (the teen) conform his conduct to acceptable standards.”

“I would like to be clear,” he said. “We will never tolerate such conduct during my tenure, however long that may be.”

Email Ryan Bray at ryan@capecodchronicle.com