Prosecutors: Man killed in Worcester warehouse on Christmas '21 was shot in head after fight

WORCESTER — A man killed at an after-hours party at a Webster Street warehouse on Christmas Day in 2021 was struck by gunfire three times, including once in the head, following an altercation, a prosecutor said Friday in Worcester Superior Court.

Assistant District Attorney Joseph Simmons alleged that nine shots were fired inside the third floor of 88 Webster St., leading to the death of 29-year-old Nicholas Kontos in the hospital on Jan. 8, 2022.

Authorities have accused Carlos A. Lopez, 33, of pulling the trigger, based on what Simmons said were witness statements and DNA evidence linking him to the scene.

Simmons’ description of the allegations Friday were in support of a request to deny Lopez bail for up to 180 days upon a finding he is too dangerous to release.

Lawyers for Lopez, who was allowed to stand behind a door out of public view because identification of him as the shooter is expected to be an issue in court, instead asked bail be set at around $2,500.

Worcester Superior Court Judge Karin Bell, after hearing from both sides, said she would take the arguments under advisement.

Lopez was arraigned last week, more than two years after Kontos’ death, on charges of manslaughter and unlawful possession of a firearm without an FID card.

Simmons said Friday that a lengthy police investigation showed Kontos went to an after-hours party in the early hours of Dec. 25, 2021, on the third floor of a warehouse at 88 Webster St.

Argument unfolds

An argument began where the party was and spilled out into a hallway, Simmons said, where a Hispanic man in a white shirt he alleged to be Lopez was allegedly identified by a witness as tackling Kontos.

Simmons said a gun was seen popping out of the back pants of the person wearing the white shirt, and that a witness then ran toward the “club.”

Simmons alleged nine shots were fired thereafter. Three hit Kontos, he said, including one in the head.

Simmons said police have multiple pieces of evidence linking Lopez to the scene, including a phone and DNA swab of eyeglasses left there that matched Lopez.

Simmons further alleged Lopez’s friends couldn’t find him after the shooting, and left the building without him.

Simmons alleged Lopez has a history of violence that would support him being held as dangerous. He said he was charged with illegal possession of a firearm in Worcester Superior Court less than six months after the 2021 shooting, and has, more recently, been accused of assaulting corrections staff.

A lawyer for Lopez, Hillary Fenton, disputed Simmons’ characterization of Lopez’ record, and of the strength of the evidence against him in the shooting.

Fenton said there was at least one other Hispanic man in the hallway at the time of the shooting, adding that person had been described as acting ‘oddly.”

Lawyer: Evidenc lacking

Fenton said while Lopez does not dispute being at the party, she doesn’t believe the evidence tying him to the gun or the shooting is as strong as the prosecutor suggested.

Fenton asked bail be set at no more than $2,500, saying Lopez has “strong ties to Worcester” by virtue of living here since age 15 and graduating high school.

Lopez had family members in court to support him, Fenton said, and is in the life of his 5-year-old child who lives in the area.

Fenton also said Lopez has a “very strong” work history, and that his last conviction on a serious charge was in 2010.

While his bail was revoked on a domestic assault allegation in November, Fenton said, the charge was dismissed in February.

She suggested Lopez be confined to his home with a GPS monitor if released.

Bell said she would take the requests under advisement. Several family members of Kontos exited the courtroom with the prosecutor immediately following the proceedings.

Kontos was described in his obituary as a 2010 Doherty High School graduate who loved water sports, soccer, golf and motorcycles.

“He was affectionately known by all as "Terpjerk" and ran a business called Kontos Maintenance for several years and for the City of Worcester,” family wrote.

This article originally appeared on Telegram & Gazette: Man killed in Worcester warehouse on Christmas '21 was shot in head