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Wally Jacques Simon Convicted of 1st Degree Murder
October 3, 2013 – Wally Jacques Simon, 36, of Medford was found guilty of first degree murder and other charges in connection with the 2007 murder of Christopher Barbaro, 50, of Winchester, and the shooting of his brother, Bryan Barbaro, 48, of Winchester, Middlesex District Attorney Marian Ryan announced today.
Following an eight day jury trial in Middlesex Superior Court, Wally Jacques Simon, was found guilty of murder, home invasion, armed robbery, assault and battery with a dangerous weapon causing serious bodily injury, and carrying a firearm without a license. He will be sentenced on October 18 by Middlesex Superior Court Judge Maynard Kirpalani.
“This is a just resolution to a long, difficult legal process seeking to hold the defendant responsible for the murder of Christopher Barbaro,” said District Attorney Ryan. “The defendant broke into the victim’s home to commit a senseless robbery.”
According to authorities, at approximately 12:30 a.m. on October 24, 2007, Winchester Police responded to a 911 call of a reported shooting at 70 Irving Street in Winchester. When police arrived, they found Christopher Barbaro in his apartment unresponsive and lying on the floor, suffering gun shot wounds. He was pronounced dead at the scene.
Bryan Barbaro, Christopher’s brother, was also shot during the robbery. Bryan was transported to Massachusetts General Hospital in Boston and treated for his injuries. Bryan Barbaro died in 2008 of a massive heart attack, unrelated to the injuries suffered during the shooting
A joint investigation was launched by Winchester Police and Massachusetts State Police assigned to the Middlesex District Attorney’s Office. The investigation revealed that Simon was known to both victims. On the day of the murder, Simon broke into Christopher’s second floor apartment with the intent to steal from him. The defendant stole money from the victim and then shot the victim.
The victim’s brother Bryan, who lived upstairs, heard loud noises and came down into his brother’s apartment. He saw his brother lying on the ground, having been shot, and noticed the defendant trying to flee. He approached the defendant, whom he recognized. Simon shot Bryan and the two men fought as the defendant tried to leave. This struggle led to the main doorway of the home, with money falling out of Simon’s bag along the way. Eventually, the defendant left the home, got to his car and fled. Bryan went back into his apartment and called 911.
Simon was arrested on October 24, 2007 on charges of armed assault with intent to murder and home invasion. On December 14, 2007 he was indicted by a Middlesex Grand Jury on charges of first degree murder, home invasion, armed robbery, assault and battery with a dangerous weapon causing serious bodily injury, and carrying a firearm without a license. He was held without bail.
The case was prosecuted by Assistant District Attorneys Chris Tarrant, Jessica Noble and Gwendolyn Russell. The Victim Witness Advocate was Danielle DeMeo. The paralegals were Erika-Lee Willey and Ashley Cunningham.