NEW BEDFORD — The charge against a 31-year-old former Mattapoisett woman accused of kicking and stomping a homeless New Bedford man to death over a stolen blanket has been upgraded to murder.
Nina Busnengo, 31, who had been living in New Bedford, was initially charged with assault and battery by means of a dangerous weapon-shod foot, and unarmed robbery in connection with the homicide of Stephen Oswald, 58.
She was arraigned on those charges on Aug. 21 in New Bedford District Court, and held without bail pending a dangerousness hearing.
Murder charge filed in New Bedford District Court
Bristol County District Attorney Thomas M. Quinn III announced Friday that she is now being charged with murder in connection with Oswald's Aug. 20 homicide.
The new criminal complaint was filed Thursday in New Bedford District Court and the defendant was ordered held without bail.
State Police detectives assigned to the district attorney's office, New Bedford Police and Homicide Unit prosecutors continue to actively investigate the homicide, according to a press release.
Oswald's bloody body was found Tuesday morning, Aug. 20, on a bench in the Seabra Market Plaza in New Bedford, which is on Rockdale Avenue.
Police called on report of incapacitated man on bench
Prosecutors say police were called to the plaza at 3:40 a.m. Tuesday, Aug. 20, on the report of an incapacitated man lying on a bench.
They said Oswald was found with a severe scalp wound that had been bleeding heavily. Prosecutors said there was blood all over the area where he was found, and he was declared dead almost immediately.
Police followed the trail of blood through the Seabra parking lot back to an area where there is a car wash, Assistant District Attorney Michael Scott said during Busnengo's Aug. 21 arraignment.
Area known as site where homeless congregate
Scott said the area is known to police as a site where homeless people and people living on the streets congregate.
Police followed the blood trail to a grated metal stairwell, attached to a brick building, about 100 yards away from the bench.
They found an extremely large pool of blood under that stairwell, he said.
'A woman named Nina' got into an argument with Oswald
People who congregate in the area told police that a woman named Nina had gotten into an argument with Stephen Oswald, Scott said.
The police began to search for Nina, and located her at around 9 a.m., and she agreed to go to the station for an interview, and waived her Miranda rights at the station, Scott said.
She said her belongings, including her blanket, were taken from a nearby car wash where she was accustomed to leaving them on the evening of Aug. 19.
Angered by alleged theft of blanket
She went looking for them and came upon Oswald sleeping with her blanket under the metal stairwell, Scott said.
That made her angry, she told police.
"And she said to police she kicked him a couple of times in the head and stomped on his head and took her blanket and left," Scott said. This was around 9 or 10 p.m. on Aug. 19.
She returned to the stairwell later in the evening to check on Oswald, but he was gone, she said.
She located him later that night on the bench, and said Oswald was conscious at that time.
She said she took his cellphone to make a few calls to get a ride away from the site.
She said she didn't try to hurt him
Scott said, "She did tell police she didn't try to hurt him. She obviously wasn't trying to kill anybody but she did admit to kicking him."
The robbery charge is in connection with taking the cellphone.
Busnengo also had an unrelated open case with the court on charges of breaking and entering into a vehicle and receiving stolen property.
Attorney Robert J. Spavento, who represented Busnengo, said the police report didn't identify who the witnesses were or how many there were.
It also didn't mention Busnengo being advised of her Miranda rights. He added after the Aug. 21 arraignment that Busnengo "challenges" the police statement that she went willingly to the station to be interviewed. He added that all the facts were not yet known.
This article originally appeared on Standard-Times: Woman accused of kicking New Bedford homeless man to death over blanket gets murder charge
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