New motions filed in Holloway case due to past crimes
NASHUA – The man accused of shooting two people at a Pelham church in October, and also charged with severely beating his own lawyer less than a week later, now faces the possibility of an extended prison term because of his criminal record.
Prosecutors in the cases of Dale Holloway Jr. are planning to file the two motions – one for each of Holloway’s pending cases. Assistant County Attorney Cassie Devine said Holloway, if convicted, qualifies for extended prison terms because, according to Devine, he has been convicted twice of crimes that each drew prison sentences of at least one year.
Holloway, 37, of Manchester, has been in jail since his arrest Oct. 12, the day he allegedly entered the New England Pentecostal Church in Pelham during a wedding ceremony, brandished a handgun and allegedly shot and seriously wounded the bishop performing the ceremony.
He also allegedly shot the bride, who sustained less serious injuries. He also allegedly struck the groom in the head with the gun before wedding guests “gang tackled” Holloway and held him down until police arrived.
Nine days after the incident, Holloway allegedly attacked his public defender, Michael Davidow, during a meeting at Valley Street jail. Davidow sustained multiple serious injuries, including a subarachnoid hemorrhage and fractured nasal bones, according to the indictments.
In a more recent court filing, Holloway’s lawyer, Manchester Attorney Donna Jean Brown, filed a motion for discovery asking the court to compel prosecutors to provide her with discovery, meaning documents and other evidence, pertaining to a separate homicide case.
That case stems from the Oct. 1 murder of Pelham pastor Luis Garcia, which appears to be connected with the church shooting.
Garcia, who was Holloway’s stepfather, was also an associate pastor at the Pelham church where the alleged shooting took place. The man accused of killing Garcia, Brandon Castiglione, 24, is the son of Mark Castiglione, the groom who was in the process of getting married when Holloway allegedly entered and fired shots.
But Devine, in her objection to Brown’s motion, argued that Brown is asking the wrong office for the discovery she wants.
The Hillsborough County Attorney’s Office “cannot provide the requested discovery because (the office) does not have any of the requested discovery,” Devine wrote.
She added that she “informed defense counsel that if they want the discovery from the Garcia homicide, they need to request it from the Attorney General’s Office,” which, she noted, “handles murder cases.”
Devine also indicated that the defense apparently asked the AG office for the discovery, but did not receive it, and the defense “is now trying to obtain it from the wrong agency.”
But the parties, according to a notice subsequently filed by Devine, soon came to an agreement on the matter.
She wrote that the state agreed to produce to the defense the requested materials, with the exception of Garcia’s autopsy reports and medical records.
In exchange, the defense agreed that only Brown or “members of the defense team” will review the materials, and will not reproduce the materials for anyone outside the defense team.
The defense may review the records with Holloway, the agreement states, but he “shall not be provided a physical copy of the materials nor shall he disseminate them in any form.”
Meanwhile, the charges Holloway faces from the Pelham incident include one count each of attempted murder, first-degree assault, second-degree assault, felon in possession of a firearm and simple assault.
The next scheduled hearing in the case is a combination arraignment and dispositional conference set to start at 9 a.m. March 19 in Hillsborough County Superior Court-South.
The charges that stem from the alleged attack upon Davidow include one count of first-degree assault – serious bodily injury, a Class A felony; two counts of second-degree assault – serious bodily injury; and two counts of assault by prisoner – first (or) second-degree assault, Class A felonies.
They are added to Holloway’s original charge of first-degree assault – serious bodily injury.
The next scheduled hearing is a dispositional conference set for 9 a.m. March 2 in Superior Court North in Manchester.
Dean Shalhoup may be reached at 594-1256, or email@example.com.