Commonwealth v. Barros

682 N.E.2d 849, 425 Mass. 572, 1997 Mass. LEXIS 186
Massachusetts Supreme Judicial Court·Decided July 28, 1997·Published·Cited by 65 cases

Opinion

O’Connor, J.

Adriano Barros, Aristides Duarte, James Villaroel and Lamar Johnson were tried together before a jury. The jury convicted them of murder in the first degree and assault and battery by means of a dangerous weapon. They have appealed. Johnson’s appeal was severed from those of his codefendants. In the present appeals, the defendants Barros, Duarte, and Villaroel have raised many issues which we discuss below.2 We affirm the convictions. We decline to exercise our [574] extraordinary power under G. L. c. 231, § 33E, to order a new trial or direct the entry of a verdict of a lesser degree of guilt.

We summarize the relevant background evidence as follows, reserving further discussion of evidence as it relates to specific issues. On the night of April 22, 1992, Charleston Saijeant, with his wife and a friend, Eddy Toomer, entered the Tasty Chicken restaurant in the Dorchester section of Boston and ordered food. While Toomer, Saijeant, Sarjeant’s wife, and a customer named Terrance Hudson waited for their orders, a group of young men that included the defendants gathered on a traffic island in front of the restaurant. Without provocation, the defendant Villaroel threw a beer bottle against the front of the restaurant and shouted, “Let’s shut this place down,” or words to that effect, and moved toward the restaurant. The group, including the defendants Duarte and Barros, followed.

Villaroel, carrying a large portable radio, sometimes described as a “boom box,” entered the restaurant ahead of the others and struck Saijeant on the head with the radio, using enough force to draw blood. Within seconds, ten to twelve men encircled Sarjeant and began beating, punching, and kicking him. Villaroel pulled out a knife and began stabbing Sarjeant. During the repeated stabbing the other attackers continued to punch, kick, and stomp Saijeant about his head and face until he eventually lost consciousness. Police .and medical personnel arrived promptly but were unable to save Saijeant’s life.

An autopsy revealed seven or more areas of blunt trauma to the head and face, nine stab wounds to the neck, back and thighs, and one cutting wound. The medical examiner who conducted the autopsy concluded that Sarjeant had died as a result of multiple stab wounds with blunt head trauma.

At the trial, several witnesses identified Villaroel, Duarte, and Barros as having participated in the attack on Sarjeant.

We now address the numerous issues on appeal.

I. We begin with Villaroel’s contention that “[tjhis court should reverse [his] conviction because the trial court refused to instruct the jury, specifically, that it may consider evidence of intoxication in deciding whether [he] reasonably acted in self-defense because (1) there was evidence of his intoxication, (2) [575] in the past, he was beaten and robbed, stabbed three times, and shot once, and (3) he suspected that [the victim] was a former assailant reaching for a weapon.” Villaroel testified that he had stabbed Sarjeant. He also testified, however, that, on the day of the murder, beginning shortly after he awoke and continuing through that day and evening, he consumed a large amount of beer and liquor, smoked marihuana, ingested cocaine and the prescription drug Percocet, and as a result was intoxicated at the time of the killing at the Tasty Chicken restaurant later that night. He testified that, his perceptions being distorted, he believed that Sarjeant had attacked and stabbed him several years previously and, thinking that Sarjeant was reaching for a weapon when he moved his hand to his side, Villaroel struck Saqeant first with the “boom box” and then, after. Villaroel was knocked down and punched, he drew his knife and stabbed Sarjeant.

An instruction on self-defense is required in a homicide case if the evidence most favorable to the defendant warrants a conclusion that “the defendant: (1) had reasonable ground to believe and actually did believe that he was in imminent danger of death or serious bodily harm, from which he could save himself only by using deadly force, (2) had availed himself of all proper means to avoid physical combat before resorting to the use of deadly force, and (3) used no more force than was reasonably necessary in all the circumstances of the case. Commonwealth v. Harris, 376 Mass. 201, 208 (1978), and cases cited.” Commonwealth v. Harrington, 379 Mass. 446, 450 (1980).

The judge instructed the jury on the law of self-defense, he said, “out of an abundance of caution.” Villaroel argues that the judge erred in his instruction because he failed to inform the jury that they could consider Villaroel’s intoxication in evaluating whether he reasonably believed that he was in imminent danger of serious bodily injury or death. There was no error. The evidence was insufficient to warrant an instruction on self-defense. Therefore, we do not reach the question whether the instruction that was given was complete.

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Commonwealth v. Barros, 682 N.E.2d 849, 425 Mass. 572, 1997 Mass. LEXIS 186 (Mass. 1997).

682 N.E.2d 849 (Commonwealth v. Barros) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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