Lowell man on e-bike accused of pointing gun at driver

LOWELL — A Lowell man on an electric bicycle is accused of pointing a handgun at a driver as they traveled down Gorham Street earlier this month.

Luis Morales, 26, of Lowell, was ordered to stay behind bars following a 58A dangerousness hearing in Lowell District Court, where his attorney argued the case was one of misidentification and urged the judge to release her client.

During the hearing on Thursday, Middlesex Assistant District Attorney Ian Kavanaugh asked Judge John Coffey to detain Morales, walking through the Lowell Police incident report and the sequence of events that began on Aug. 13.

Police were dispatched after a caller reported that a man riding an electric bicycle had pointed a firearm at him while both traveled down Gorham Street.

“The victim in this case could hear beeping and glanced over and saw the male pointing a black firearm at him through his passenger-side window,” Kavanaugh said.

Kavanaugh said that the victim told police he did not know the operator of the e‑bike.

Officers later conducted a show‑up identification — bringing the victim to view the suspect from a distance — and the victim said Morales was “100%” the man who pointed the firearm at him.

Police also pulled a still image of the e‑bike operator from surveillance footage. Kavanaugh said that when officers showed the photo to Morales’ mother — who lives with Morales — she told them the person in the image was her son.

A search of Morales’ home followed, during which officers located a firearm in a bedroom closet inside a shoebox covered with a pillowcase. The firearm’s magazine had the capacity to hold 15 rounds of ammunition, making it illegal and classified as a large‑capacity feeding device.

Morales is not licensed to carry a firearm.

“Anytime that a person is carrying a firearm without a license, there is some degree of danger … but in this case there is more,” Kavanaugh said, citing a previous assault arrest, the alleged large‑capacity magazine, and the allegation that Morales pointed the weapon at “a complete stranger.”

Attorney Alana Filaseta, representing Morales, urged Coffey to release her client, arguing prosecutors failed to prove that no conditions of release could ensure public safety.

If Coffey did find Morales to be a threat, she asked that he be released on GPS monitoring with a curfew, barred from possessing dangerous weapons, and allowed to continue working as his mother’s personal care assistant (PCA).

Filaseta described Morales as a “devoted son and caretaker for his parents.” His parents sat in the courtroom gallery as she detailed his mother’s medical history — multiple strokes and a heart attack — and her reliance on Morales for daily care.

“He’s home with his mom every day and helps her with tasks, even bathing and getting dressed,” Filaseta said.

She added that Morales runs errands, brings his parents to appointments and contributes financially to rent and household bills through his PCA work.

Previously during the hearing, Kavanaugh pointed to Morales’ prior assault conviction in Groton, noting that Morales “threw punches at a police officer.”

During her address, Filaseta countered that three of the four charges in that case resulted in acquittals, that Morales has a “minimal record,” and that “the majority of his record are dismissals and acquittals after trials.” She added that he completed his probation without violations and has no defaults on past cases.

As for the Lowell incident, Filaseta argued Morales does not match the suspect’s description. She said the initial description was of a “white or Hispanic male” on a scooter with a face tattoo on the left side of his face.

The attorney told Coffey that this case involves an e‑bike, not a scooter, and the surveillance photo does not show the suspect’s face.

She pointed out that Morales — standing in the defendant’s box, out of view of the gallery — does not have a face tattoo on the left side of his face or neck.

She noted it “could be anyone riding that bike.”

Kavanaugh later told Coffey that the victim said the marking on the suspect’s face might not have been a tattoo at all, but a beard — something Morales does have.

“He doesn’t have it on the side of his face though,” Filaseta replied. “There’s a big difference.”

She also argued the surveillance photo lacked a timestamp.

“He does live in this area,” Filaseta said. “But it cannot be authenticated as to the date and time of this photo. It could be from anytime for all we know.”

Filaseta criticized the show‑up procedure, noting the victim stood 30 feet away while Morales stood between two officers.

“Even though he’s not handcuffed, I would argue this is so unnecessarily suggestive, that it’s equal to being handcuffed,” she said.

She further argued that police conducted an “unlawful and warrantless search” of the home before the show‑up, despite body camera footage showing Morales telling officers they needed a warrant and that he did not consent. She said Morales pays rent and that his mother was “not in the right mind to give consent” due to her health issues.

Filaseta said anything found during the search would likely be suppressed as unconstitutional.

She also claimed police threw Morales to the ground during the arrest, that three officers were on top of him, and that pepper spray was used. He was taken to the hospital before booking and had cuts and bruises.

According to the charges, he resisted arrest.

Filaseta went on to describe him as “a provider, caretaker, and not a danger to anyone.”

“Since there is a major identity issue and an unlawful warrantless search, I ask your honor not to take away his liberty and hold him without bail,” she told Coffey.

Despite her arguments, Coffey ruled that prosecutors had met their burden and ordered Morales held for up to 120 days as the case moves forward. If the case is not resolved by then, prosecutors may seek to extend his detention.

After the hearing, a woman identifying herself as Morales’ mother said the judge made the wrong decision and that her son “does not fool around.”

“He’s innocent,” she said, pointing to the lack of a mark or tattoo on the side of his face.

She recalled police showing her a photo of the suspect the day of the search and said officers would not let her see her son beforehand.

The mother also acknowledged Morales owns an e‑bike and that police found the handgun.

“I did not know he had that,” she said. “I came out of the room furious.”

Morales, who is charged with assault with a dangerous weapon, unlawful possession of a firearm, unlawful possession of ammunition, unlawful possession of a large capacity feeding device, and resisting arrest, is scheduled to return to court for a pretrial hearing on Sept. 18.

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