Judge Camacho: ‘Shank’ used to stab barber not a dangerous weapon

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SUPERIOR Court Associate Judge Joseph N. Camacho on Wednesday dismissed the charge of assault with a dangerous weapon against Kenny Masubed, an inmate who stabbed a male barber with a homemade “shank” in the Department of Corrections.

The government charged Masubed with assault with a dangerous weapon, assault and battery, and disturbing the peace in the stabbing incident.

In his order, Judge Camacho said the “weapon” used by Masubed did not meet the definition of a “dangerous weapon.”

The judge, however, found probable cause to charge the defendant with assault and battery.

Chief Prosecutor John Bradley, in an email to Variety, stated that finding no probable cause for assault with a dangerous weapon, reduces the available time of maximum confinement from 10 years to one year.

Bradley said the government is objecting to the finding and will pursue all available means to seek justice for the victim.

The Commonwealth Code defines a dangerous weapon to include a dangerous device, Bradley said.

A dangerous device is defined to include: any other instrument, which can be used for the purpose of inflicting bodily harm and which, under the circumstances of its possession, serves no lawful purpose, Bradley said citing the law.

At the preliminary hearing on Wednesday, Masubed was represented by Assistant Public Defender Vina Seelam.

Assistant Attorney General Erin Toolan appeared for the government and called a police officer and a detective to testify regarding the case. Exhibits were also introduced and were admitted into evidence by the court.

An arraignment was scheduled for June 1, 2020 at 9 a.m. before Presiding Judge Roberto C. Naraja.

The victim regularly gives inmates haircut.

Police said Masubed admitted stabbing the victim “because he [the barber] was gay.”

Masubed pleaded guilty to a assault with a dangerous weapon in an earlier case and is currently serving time at Corrections.

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