POLICE SAY MAN BEATEN, SHOT AT FOR SPURNING DRUG BUY

FRAMINGHAM -- A man walking home from work on Concord Street stumbled
on a drug deal, and was shot at and beaten with a baseball bat when he
declined to buy any drugs, a prosecutor said at the alleged shooter's
arraignment yesterday.

Jesus Munoz, 26, of 556 Concord St. denied through his lawyer during
his Framingham District Court arraignment that he was even in
Framingham Saturday when the incident occurred.

Prosecutor Deb Bercovitch said the victim, who was not named by police
or in court, was walking home at around 1:30 a.m. when he came upon a
group of men who looked to be selling drugs to each other.

The victim tried to ignore it, but he was approached by the
men.

"They asked him if he wanted to buy a bag of weed," said Bercovitch.
"He refused and said he was OK."

That upset the men, Bercovitch said.

One of the men hit the victim with a baseball bat. Another, later
identified as Munoz, pulled out a gun. He fired several shots at the
man, but missed him.

Framingham Police Lt. Vincent Alfano said police officers responded to
the area, and witnesses told them they had seen the suspects run into
556 Concord St.

The special operations team was called in, and they surrounded the
building and stormed into Munoz's apartment, but it was empty, Alfano
said.

Three spent 9 mm shell casings were found at the scene, and a warrant
was issued for Munoz's arrest.

He was arrested yesterday at Framingham District Court when he went
there after learning police were looking for him.

Munoz is charged with assault with the intent to kill, discharging a
firearm within 500 feet of a residential dwelling, the illegal
possession of a firearm without a FID card and the use of a firearm
during a felony.

Bercovitch asked for $10,000 bail, citing the "very serious nature" of
the charges.

Munoz's lawyer, Michael Brennan, said his client denies being in
Framingham at the time of the shooting.

"He wasn't in Framingham since the time he went to the movies, I
believe it was 'Saw 2,' until today," said Brennan. The lawyer said
Munoz left town at 12:15 a.m. Saturday. "He spent the weekend in
Dorchester with his girlfriend."

Munoz went to Framingham District Court yesterday after his father
told him police were looking for him with a warrant, Brennan said.
Munoz had no idea why they were looking for him, Brennan said.

"He never tried to hide or run away," said Brennan. "He essentially
turned himself in."

Judge Robert Greco set bail at $1,000 and ordered Munoz to stay away
from the victim. Munoz is due back in court on Dec. 14 for a pretrial
conference.