& ‘The Commonwealth of Massachusetts Executive Office of Public Safety and Security PAROLE BOARD 12. Mercer Road Natick, Massachusetts 01760 ‘elehone # (508) 650.4500 Facsimile # (508) 650-4599 DECISION TwTHe NATTEROF HECTOR CUSTODIO ws9389 ‘TYPE OF HEARING: Review Hearing DATE OF HEARING: March 7, 2017 DATE OF DECISION: ‘August 7, 2017 PARTICIPATING BOARD MEMBERS: Paul M. Tresder, Dr. Charlene Bonner, Tonomey Coleman, Shela Dupre, Tine Hurley, Lucy Soto-Abbe DECISION OF THE BOARD: After careful consideration of all relevant facts, inducing the nature of the underying offense, the age ofthe inmate at the tina of offense, criminal record, institutional record, the Inmate's testimony at the hearing, and the views of the public as ‘expressed at the hearing or In writtan submissions to the Board, we conclude by unanimous vote that the inmate Is not a sultable candidate for parce, Parole is denied with a review scheduled in two years from the date of the hearing, 1. STATEMENT OF THE CASE (On October 6, 1995, In Hampden Superior Court, Hector Custotio pled gulty to the second-degree murder of Daniel Brassll end was sentenced to life in prison withthe passsity ‘of parole, On that same date, Mr. Custodio also pled qulty to unlavfl possession of a firearm ‘ang receipt of a stolen mator vehicle, The court sentenced him to serve one year for each time and ordered the sentences to run concurrently. (On February 27, 1995, 21-year-old Hector Custadlo shot and klled 16-year-old Daniel Brassil n a delve-by shocting. On that evening, Mr. Custodio (a gang member) was driven by ‘an unknovin accomplice to an address in Springfled, Mr. Custoco intended to seek revenge ‘against rival gang members, whom he belleved to be responsible for a previous assault on 2 ‘member of his gang. Upon artving atthe location, Mr. Custodio, rolled down the vehicle's \Window and shouted, “Represent!” (8 request to identity gang eiiaton) tothe two young men 1who were standing n front ofthe building. Mr. Brassil responded, *Solo!” (meaning no gang afilation). However, Mr. Custodio, believing the response vas that of a gang name, pointed 2 38 calber pistol towards Mr. Bressi and fired five shots. Mr. Brass, who was not affliated with any gang, was struck in the chest and Killed. Mr. Custodo and his accomplice Ned the scene after the shooting. Mr. Custodio was identified as the shooter, shorty after an investigation revealed he hag Informed others that he mistakenly shot Mr. Brass. The vehicle used in the shooting wes determined to be stolen. Two days after the shooting, on March 1, 1995, Mr. Custodio confessed tothe shooting, but aed to Identify hs accomplice. I, PAROLE HEARING ON MARCH 7, 2017 Hector Custodio, now 43-years~old, appeared before the Parole Board for @ review hearing on March 7, 2017, His inal hearing In 20410, as wel as his review hearing in 2015, resulted inthe devil of parole. In his opening statement to the Board, Mr. Custodio epologized for taking the be of Mr. Brass and expressed his remorse. Wr. Custoto discussed his dificult upbringing, explaining that he was put Into a foster home at the age of 13. As a child, he witnessed his father’s physical anel emotional abuse on his mother. MF. Custoco aso discussed fis mother’s passing (at age 32) from liver cancer. He experimented with drugs and alcobal, eventually checking himself inte detox when he realzed he had a problem with cocaine, Mr. Custodio also discussed balng an active member in a gang for appreximately 3-4 years before the murder. He explained that he was in charge of terminating members of the gang and giving them "beat downs.” Board Members expressed concern that the extant of his Involvement (with the gang) wes never dscussed In previous hearings. Mr. Custodio expalnes that at his prior hearing, he was not focused, or honest about everything, because he had just lost his grandmother, \When addressing the reasons as to wihy he klled Mr. Brass, Mr. Custodio explained that Mr. Brasil was not the Intended target. Mr. Custodio sald that his fiend was jumped (prior to the murder) by @ member ofa rival gang. ‘Mr. Custodio then asked permission from the lead rmamier of the Gang ta take revenge, and It was granted. "The mrcer was pre-planned, and the Intended target was 2 man named Carls. Mr. Custodio, accompanied by another Individual, sought to complete the mission by stealing a car and Buying a gun for $100. Mr. CCustocio said that the other indlvidual was crving the stolen vehicle. AS they aporoached individuals on the sidewalk, Mr. Custodio shouted, "Represent." Mr. Custado, bolleving he heard the response of a rival gang, clscharged five shots, One shot struck Mr. Brass in the chest, Kling him, Mr. Custodio now thinks thatthe inivuals id not shout the response of @ Fival Gang, But shouted “Solo,” indicating that they were natn a gang. “The Board express thelr concern for Mr. Custos truthfulness over the past 20 years, regarding the Identity of his accomplice and questioned his creibity. Mr. Custodio explained ‘that he Was never questioned by police as to his Invalvement inthe gang, nor was he pressed ‘tm ove the identity ofthe other individual involved In the crime. ‘The Board expressed concern regarding the extensive interrogation, noting that Mr. Custodo's cooperation vith polce ves minimal, 2s he would not provide any Information ebout the murder. ‘The Board questioned Mr ‘Custodio about the reasons why it took him so long tobe truthful. Mr. Custodio explained thatpreviously, he was in denial and dll nat want to accept what he had done. He also discussed his ack of focus, in his previous hearing, due to te loss of his grandmother. ‘While incarcerated, Mr, Custodio has participated In many programs, Incuding Environmental Companion Program, CRA, Cormurity Outreach, etc. He also “resigned” as 2 member of the gang. When Board Members asked Mr. Custodio about his parole plan, he responded that while he lacks femly in the community, he is very connected wh his church. He would prefer to go toa step down program for approximately x months and then continue With hie education, He long tarm goals incule bacarsng a father, gating a jb, and gaining knowledge inthe computer and electronic eld. The Board considered oral testimony from Mr. Brassi’s two sisters. One of his sisters spoke in oppostion to parole, vile the other sister expressed support for Mr. Custodio being ‘ven a second chance, A Victim Service's Representative read a letter in oppastion to parole ‘on behalf of Mr. Bassi’ step-father. ‘TIL DECISION “The Board Is of the opinion that Hector Custodio has not yet demonstrated a level of rehablitative prograss that would make his release compatible with the welfere of socety. Mr CCustodi's presentation continues to suggest he [s not fuly rehablltated. Mr. Custodio Continues t0 exhibit a lack of candor as to hls criminal culpability regarding the governing ‘offense, The Board beleves that he should continue to engage In available programming, ‘continue bis positive behavior, and prepare to be mere forthright and truthful In addressing his ime, “The applicable standard used by the Board to assess a candidate for parole is: "Parole Board Members shall only grant a parcle permit if they are of the opinion that there is a reasonable probablity that, IF such offender Is released, the offender will Ive and remain at livery without Violating the law and that release is not incompatible with the welfare of society." 120 CM.R, 300.04. In forming this opinion, the Board has considered a risk and heeds assessment, and whether risk reduction programs could effectively minimize Mr Custodio’ risk of recidivism, After epplying this standart tothe crcumstances of Wr. Custodio's ‘ase, the Board is of the unanimous opinion that Mr. Custodio Is not yet rehabitated, and therefore, does not merit parole at this time, ic, Custodio’ next appearance before the Board wil take place in two years from the date of this hearing. During the interim, the Board encourages Mr. Custodio to continue ‘working tavards his ful rehabitation. 1 carly that ts the decson and reasons ofthe Massachusetts Parle Board regarding the tows rienced hearing. Pusan (ac 127. 6 130, futher cert tha al yong Board Members ‘ave rovowad the opens entre cima recor. Tn sonature dees not ideate authorship ofthe