SPRINGFIELD — Convicted Springfield bookmaker David “Chicky” Cecchetelli is battling to have alleged evidence versus him in a federal gun situation thrown out, arguing federal agents overreached when they searched his bed room as they had been investigating his nephew.
Cecchetelli, 53, caught a stray bullet of kinds when investigators found out ammunition and a loaded handgun in his bedroom for the duration of a 2019 look for. With his 2005 conviction, Cecchetelli is barred from owning a firearm or ammunition beneath federal regulation, and was charged appropriately.
Nonetheless, he was not the goal of the investigation, he argues, and the lookup of his bedroom was unauthorized considering the fact that he and his nephew lived in discrete areas of a multifamily house in Springfield’s Forest Park neighborhood.
His nephew, Michael Cecchetelli, 41, is an admitted chief within the Latin Kings avenue gang. He pleaded guilty to racketeering conspiracy in April, extra than a year following he was among the dozens of gang leaders, members and associates ensnared in “Operation Throne Down.”
Michael Cecchetelli managed assaults and would-be murder plots of rival gang associates and those people he considered experienced been disloyal, according to court documents. He is set for sentencing on Nov. 21, and faces up to 20 many years in prison. It is his 2nd federal court docket case relevant to his position as a gang leader.
In a movement to suppress proof, Daniel Hagan Jr., an legal professional for David Cecchetelli, argues customers of a gang task drive had no proper to research his client’s home Dec. 5, 2019, and even misfired on his title in their application for a research warrant. The doc refers to the elder Cecchetelli as “Donald.”
Agents knew the format of the residence based mostly on details furnished by a private informant, Hagan claims.
“In point, in getting the warrant, the affidavit exclusively addresses and carves out in which their concentrate on Michael Cecchetelli’s dwelling unit is inside 126 Firglade Avenue,” the motion to suppress reads. “Since there was no probable cause that David Cecchetelli dedicated any criminal offense or that any evidence of a crime would be found in his bed room, the warrant should have excised David Cecchetelli’s bedroom from the permissible lookup space.”
Hagan extra that regulation enforcement realized it was the elder Cecchetelli’s space for the reason that he questioned to retrieve clothes following he and his nephew emerged in their boxer shorts. Also, investigators quizzed David Cecchetelli about some autographed photographs on his wall.
“David Cecchetelli was requested about these and replied: ‘ooh which is the woman that does the no rats stuff, I fulfilled her while filming a collection in New York,’” an FBI agent wrote in court filings.
Federal prosecutors disagree with Hagan’s theories. They argue the Cecchetellis lived at the similar address and undertaking power users had been entitled to search all regions of the property together with “crawl spaces, storage parts … safes, vaults, file cupboards, drawers, luggage, briefcases, valises, boxes, jewelry bins, cans, luggage, purses and trash cans.”
“Thus the warrant obviously approved the research of the complete home of defendant at 126 Firglade Avenue, which include where defendant slept,” the government’s opposition reads, incorporating that officers acted “in excellent faith.”
A listening to in David Cecchetelli’s scenario is scheduled for July 8 in U.S. District Court docket in Springfield.