Press Release from the Middlesex District Attorney’s office:
Lowell Man Convicted of Murder in 2009 Lowell Double-Homicide
LOWELL – A Lowell man has been found guilty on two counts of murder in connection with the October 23, 2009 shooting death of two brothers in Lowell, Middlesex District Attorney Gerry Leone informed the public today.
Ariel Hernandez, 24, of Lowell, was found guilty today by a Lowell Superior Court jury on charges of first degree murder (2 counts), armed robbery (2 counts), and armed home invasion. Lowell Superior Court Judge Thomas Billings presided over the trial. A sentencing date has not yet been set.
Two additional defendants who were also on trial were found not guilty. Karon McDougal, 30, of Lowell, was found not guilty on charges of murder in the first degree (2 counts) and home invasion and Jamal McDougal, 28, of Lowell, was found not guilty of murder in the first degree (2 counts), possession of a firearm without a FID card, and home invasion.
“The murders of Luis and Hector Delgado were deliberate, premeditated acts in which Ariel Hernandez planned and executed an armed robbery and personally carried out the fatal shooting of the two brothers,” District Attorney Leone said. “The defendant’s brazen and reckless use of a firearm resulted in a family losing two loved ones, leaving their lives forever altered. While we understood that the cases against the co-defendants were difficult to prove because they were not identified as shooters, we are disappointed that the co-defendants were not also found guilty as being legally responsible for the murders as joint venturers.”
Two additional defendants remain charged in connection with the murders and their cases are still pending. Timothy Brown, 24, of Lowell, was charged with murder in the first degree (2 counts), home invasion, and possession of a firearm without a FID card (2 counts). His next court date is April 26 for a trial assignment. Joshua Silva, 25, of Lowell, was charged with murder in the first degree (2 counts) and home invasion.
According to authorities, at approximately 1:35 a.m. on October 23, 2009, Lowell Police responded to reports of a possible home invasion at 7 Marshall Terrace in Lowell. Upon arrival, authorities were informed that someone had been shot. When police officers entered the home, they found two brothers, Luis Delgado, 34, of Lowell and Hector Delgado, 37, both of Lowell, evidencing obvious gunshot wounds. The two victims were transported to local hospitals where they were pronounced dead.
Lowell Police and State Police assigned to the Middlesex District Attorney’s Office conducted an immediate investigation into the circumstances of the victims’ deaths.
Based on that investigation, authorities determined that on the evening of October 22, 2009, Hernandez was present at Brown’s apartment. At the apartment, Hernandez developed a plan to rob a resident at 7 Marshall Street in Lowell. Authorities determined that Hernandez, armed with a firearm, and Silva allegedly dressed in hooded sweatshirts and left Brown’s apartment.
Once at 7 Marshall Street, a male inside the residence opened the door and Hernandez physically assaulted him and tacked him to the ground. Shortly after, Hernandez shot the two victims who were inside the residence at 7 Marshall Street.
Hernandez and Brown were arrested on December 16, 2009 and arraigned on December 17, 2009 in Lowell District Court, where they were ordered held without bail.
Silva was arrested and arraigned on December 16, 2009 in Lowell District Court and ordered held without bail.
The defendants were indicted by a Middlesex County grand jury on December 22, 2009. Hernandez, Brown, and Silva were arraigned on January 7, 2010 where they were all ordered held without bail.
The prosecutors assigned to this case are Assistant District Attorney Cara Krysil and Assistant District Attorney David Solet. The Victim Witness Advocates are Dora Quiroz and Kathleen Keefe. This case was investigated by Lowell Police and Massachusetts State Police assigned to the Middlesex District Attorney’s Office.