A Lowell man already on probation and registered as a Level 2 sex offender was ordered held without bail for up to 120 days Thursday, accused of slashing another man's neck with a box cutter outside a Salvation Army on Appleton Street. Khristion Mojica-Gouveia, 27, faces charges of armed assault with intent to rob and assault and battery with a dangerous weapon stemming from the confrontation.
According to the Lowell Sun, police were dispatched to reports of a stabbing and a fleeing suspect near 150 Appleton St. in Lowell on October 25. The alleged victim suffered a cut approximately two inches long across what police described as the soft part of his neck, along with many smaller cuts nearby, and was taken by ambulance to Lowell General Hospital's Main Campus for treatment.
At the hearing, Middlesex Assistant District Attorney Nathaniel Stetson argued that the severity of the victim's injuries and Mojica-Gouveia's criminal history showed he posed a danger to the community. Stetson did not mince words in describing the stakes, telling the court, “This was about an inch away from murder.” He also characterized the encounter as an escalation, saying the defendant “escalated a shouting match to a knife fight, which he emphatically won,” and opposed any release, arguing no set of conditions would adequately protect the public.
What Police Say Happened
Per the Lowell Sun's account of the police report, the victim and a witness were standing outside the Salvation Army entrance when the victim approached Mojica-Gouveia while recording him with a cellphone. The victim told police that Mojica-Gouveia repeatedly tried to grab the phone, which fell to the ground, and that he believed Mojica-Gouveia was attempting to steal it. The victim reported that Mojica-Gouveia cut his neck with a small switchblade and said, “I'm going to take your head off.” A witness described the weapon as a switchblade and said the suspect attempted to slash the victim's face as well.
Officers allegedly found a small box cutter in Mojica-Gouveia's front right pocket during a pat frisk after taking him into custody, the Lowell Sun reports. Police said Mojica-Gouveia was screaming and unwilling to calm down while awaiting transport, and because of his behavior, they were unable to obtain his version of events at the scene. During booking, he initially denied that any incident occurred. When an officer asked about surveillance footage, he said there likely was footage; he then changed his story and acknowledged he had an altercation with the victim, according to the police report cited by the outlet. Police said Mojica-Gouveia fled the area after the alleged attack.
Defense Says Victim Started the Fight
Defense attorney Thomas Mixon argued that the victim shoved a cellphone in Mojica-Gouveia's face and accused him of breaking into his home two months earlier — a prior break-in allegation that, per Mixon, resulted in no criminal charges. Mixon contended there was no evidence Mojica-Gouveia intended to steal the phone and said the wound did not penetrate vital organs, though he conceded, “I have to concede there was some blood.” He requested Mojica-Gouveia's release with conditions including staying away from the alleged victim and observing a curfew.
Mixon called two witnesses who said they had known Mojica-Gouveia for about eight years. Charles Ham testified that the victim initiated the physical confrontation by shoving Mojica-Gouveia, though he described the incident overall as “a blur” and said he did not see the slashing. Moses Perez, who testified he did not witness the incident himself, described Mojica-Gouveia as “being a good kid” and “amazing,” adding that he “likes to help people out” and causes no problems in the community. Perez insisted Mojica-Gouveia acted in self-defense and told the court, “This is a messed-up case.” Both Ham and Perez testified they had never known Mojica-Gouveia to carry a knife.
A Criminal History Shaping the Case
Stetson argued that Mojica-Gouveia's criminal record showed a pattern of dangerous behavior. Court records cited by the Lowell Sun show Mojica-Gouveia was already on probation when he was arrested, stemming from a December case in which he pleaded guilty to four counts of assault and battery on a family or household member. As part of that plea agreement, he served four months in jail and was placed on probation until May 2028; he was also serving probation related to allegations that he assaulted a woman pregnant with his child.
Mojica-Gouveia had previously violated probation and served an additional two months in custody, and he has up to one year remaining on a suspended sentence, according to court records referenced by the outlet. He is also a registered Level 2 sex offender, a classification that, per the sex offender registry board's standard, means an offender presents a moderate to high risk of reoffending and a degree of dangerousness warranting public access to registration information. Under Massachusetts guidance from Mass.gov, the public can access Level 2 offender data online only for offenders classified after July 12, 2013; complete data for offenders classified before that date is available through police departments and individual SORI requests. He is listed in court records as homeless and residing in Lowell.
The Legal Standard for Holding Him Without Bail
Lowell District Court Judge Mary Phillips ordered Mojica-Gouveia held without bail for up to 120 days following the dangerousness hearing. Under Massachusetts General Laws Chapter 276, Section 58A, prosecutors may seek pretrial detention based on dangerousness when a felony involves the use, attempted use, or threatened use of physical force, or otherwise involves a substantial risk that physical force may result. State guidance explains that if a judge finds by clear and convincing evidence that no release conditions would reasonably assure the safety of another person or the community, detention for up to 120 days is required when the matter is heard in District Court, according to Mass.gov. Separately, the assault and battery with a dangerous weapon charge Mojica-Gouveia faces carries a penalty of up to 10 years in state prison, a fine of up to $5,000, or up to two and one-half years in jail, per the Massachusetts Legislature.
