William Hayes sentenced to 15 years for unlicensed possession of a firearm

Sarah Carlon, Cape Cod Times
·2 min read
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BARNSTABLE – William Hayes, who was acquitted on four out of five charges in connection with the Oct. 16, 2019, shooting death of Darrell Russ, was sentenced Monday to 15 years in state prison for unlicensed possession of a firearm.

Hayes, 41, of Falmouth, was acquitted by a Barnstable Superior Court jury of all charges in relation to the 2019 shooting, except for the third indictment of possession of a firearm without a firearm identification card (FID.)

Due to three previous convictions consisting of distribution of a class B substance in 2005, possession with intent to distribute in 2009 and assault and battery with a dangerous weapon in 2012, the commonwealth invoked the armed career criminal statute.

More: Jury hears from eyewitnesses of deadly October 2019 shooting

The statute states that anyone with at least three prior convictions of violent crimes and, or serious drug offenses are considered armed career criminals. The minimum sentence is 15 years in such cases.

Hayes has already served 31 months since his 2019 arrest, and that time has been credited to the 15-year sentence.

Judge Mark Gildea ordered Hayes to serve his sentence at the Massachusetts Correctional Institution at Cedar Junction.

"I am not sentencing you for the death of Mr. Russ," Gildea told Hayes on Monday. "You are sentenced for possession of a firearm without an identification card. The commonwealth met its burden to prove beyond a reasonable doubt your prior convictions constitute the armed career criminal statute. I don't have much room here."

Drew Segadelli, who represented Hayes, said although he is pleased with the four acquittals the jury handed down on Friday, he plans to appeal the firearm ID conviction and sentence.

"I truly believe the one guilty was unjust and inconsistent with the evidence of the case," Segadelli said. "I thought the judge was gracious in his words to me and my client, but he clearly wasn't ready to embrace this. Maybe the appeals judge will."

This article originally appeared on Cape Cod Times: Falmouth man sentenced to 15 years, unlicensed possession of a firearm