Suspect in shooting was released from prison a year early

Julie Manganis, The Salem News, Beverly, Mass.

Feb. 18—SALEM — A Lynn man is likely to be permanently paralyzed as a result of being shot Sunday night outside a Salem restaurant, allegedly by a man who — but for a 2018 change in the law intended to reduce incarceration and recidivism — would still be in state prison.

David "Banga" Avalo, 25, of Hyde Park, who according to police is a member of a Boston street gang and has a criminal history dating to his teenage years, pleaded not guilty to charges of armed assault with intent to murder and assault and battery with a dangerous weapon at his arraignment Wednesday in Salem District Court.

Police got a warrant for Avalo on Tuesday, after recognizing him in surveillance video. He was known to them from prior interactions with Salem police, including his September 2018 arrest on charges of drug trafficking and assault and battery on a police officer.

Avalo was sentenced to three years in state prison under a plea agreement the following January.

But he was able to shave nearly a full year off of that term by earning "good time" credit for participating in programs while in prison, putting him back on the street last Sept. 14.

The victim, a 26-year-old Lynn man, was a regular patron of Brothers Taverna, the restaurant posted on Facebook Tuesday.

Prosecutor Haleigh Reisman said Avalo showed up at the restaurant around 10 p.m. Sunday and attempted to get inside, but was turned away because the restaurant was at its full legal capacity under COVID limits on occupancy in restaurants.

Avalo then got into an exchange in the alley next to the restaurant, Reisman told a judge, during which he fired several shots, one of which hit the victim.

Avalo then fled as several of the victim's friends tried to help him. Reisman told the judge the victim is likely permanently paralyzed as a result of his injuries.

Prosecutors believe there was no prior connection between Avalo and the victim, who has no criminal record.

The management of Brothers described the victim as "a beloved customer and regular."

Avalo was taken into custody around 9:30 Wednesday morning in Salem by Salem police and the state police Violent Fugitive Apprehension unit.

Surveillance images from cameras in the area were key to identifying Avalo, who was quickly recognized by Salem police detectives from the 2018 case and earlier interactions.

Salem District Court Judge Carol-Ann Fraser granted a motion by Reisman seeking to detain Avalo at least until next Wednesday, when a hearing is scheduled to determine whether Avalo poses a danger if released.

A stop, a chase, and a taunt

Nearly three years ago, Avalo was at the wheel of a car with what turned out to be license plates from a different vehicle when he cut off another driver at the intersection of Jefferson and Canal streets and Loring Avenue late on the afternoon of Sept. 19, 2018.

After initially stopping, police say he fled, ditching the car in a Salem State University parking lot and running on foot with his passenger. Avalo was found inside a trash barrel on Lafayette Street after a search, along with more than an ounce of cocaine. He was arrested after a struggle with officers on charges that included cocaine trafficking and assault and battery on the officers.

Avalo was quoted in a police report as taunting officers, "You think you got Banga?" and saying he would beat the charges.

Months earlier, in May 2018, he had also been arrested following a stop and a foot chase through several backyards in the area near Lafayette and Leach streets.

In January 2019, he pleaded guilty to reduced charges that included possession of cocaine with intent to distribute, subsequent offense, and assault and battery on a public employee.

Avalo was sentenced to three years in state prison, to be followed by two years of probation, on the cocaine charge, and the judge had also imposed a concurrent (to be served at the same time) jail term on the assault and battery on a public employee charge.

He received credit for the time he'd spent in custody since the prior September.

Under the state's 1990s "Truth in Sentencing" law, Avalo would have been required to serve a full three years in prison, meaning that he would not have been released until September 2021.

But the new law, which went into effect just a few months before his arrest, enabled Avalo to receive up to 15 days a month, and a maximum of up to 35% off his sentence, if he took part in work, educational or vocational training.

DOC: Release 'mandatory'

The Department of Corrections said it had no choice but to release him when they did under the new law.

"David Avalo was mandatory paroled as a release to supervision on September 14, 2020 from DOC custody," Department of Corrections spokeswoman Cara Savelli said in an email in response to questions from The Salem News.

He completed a period of supervision at the beginning of November.

Last June, Avalo had also filed a motion asking to be released early due to the COVID-19 pandemic. A Lawrence Superior Court judge denied that request without a hearing. At the time, his docket reflected that he was being held at the "Essex County House of Correction."

His attorney in the 2018 case said he no longer represents Avalo and was not aware of his early release.

Meanwhile, the restaurant's management said in a Facebook post that employees are still reeling from the events.

"This was a senseless tragedy and we are praying for swift justice for him and his family," the restaurants management posted on its Facebook page. "What started as a day of great joy and love, quickly escalated into a dangerous situation, inside and then outside of the restaurant in the lot."

Some customers apparently ran from the restaurant without paying or leaving tips, the restaurant also said.

The area where the shooting occurred is a popular tourist spot, near the intersection of Derby and Congress streets and Hawthorne Boulevard, near Pickering Wharf.

Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis.

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