Commonwealth v. Green

770 N.E.2d 995, 55 Mass. App. Ct. 376, 2002 Mass. App. LEXIS 916
CourtMassachusetts Appeals Court
DecidedJuly 5, 2002
DocketNo. 00-P-1201
StatusPublished
Cited by3 cases

This text of 770 N.E.2d 995 (Commonwealth v. Green) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Green, 770 N.E.2d 995, 55 Mass. App. Ct. 376, 2002 Mass. App. LEXIS 916 (Mass. Ct. App. 2002).

Opinion

Rapoza, J.

This case arises from an exchange of gunfire between the defendant and the victim, Lament Jones, which left the defendant wounded and Jones dead. The defendant appeals from his conviction of voluntary manslaughter on an indictment [377]*377charging murder in the first degree,1 citing two grounds: (1) that the evidence, taken in the light most favorable to the defendant, required an instruction to the jury on defense of another; and (2) that a reasonable jury could have wrongfully concluded from the trial judge’s supplemental instructions that self-defense was only a mitigating factor to a murder charge, and not a complete defense. We affirm.

Background. The jury heard evidence from which they could have determined that the events leading to the death of Jones occurred in the following manner.

From the defendant’s perspective, Jones was his enemy, and the two men had had several confrontations prior to the one that resulted in Jones’s death.2 There was evidence of a fistfight between the two, an incident in which the defendant had fired a gun at Jones during an argument, and another in which Jones had struck the defendant in the face with a portable cassette player and then chased him.

On the afternoon of January 10, 1998, the defendant visited the apartment of a friend, one Michael Burton, located on the third floor of 83 Hutchins Street in Boston. Although Burton had not heard any gunshots, the defendant told him that Jones had just fired a gun at him while he was in front of the apartment building.3 The defendant spoke with Burton about his concern that his “beef” with Jones was “starting to heat up, starting to become serious.” He also told Burton that he thought that Jones was at Traci Coplin’s home, which was located nearby at 79 Hutchins Street.

The defendant spent the remainder of the afternoon at Burton’s apartment. On one occasion Burton left the building and, when he returned, he observed the defendant and another man, [378]*378whom he knew as “Mike,” in the front entry way. Burton saw Mike hand the defendant a .38 caliber gun, which the defendant then stuck in his waistband.

Following his receipt of the gun, the defendant returned to Burton’s apartment and positioned himself on a couch so that he could look out a window that faced Hutchins Street. At one point, the defendant called Burton to the window and indicated that Burton’s friend, Mark Roberts, was outside. Burton and the defendant went downstairs to see Roberts. As Burton walked out the front door of his apartment building, Roberts was across the street walking his dog. Burton then noticed another man coming toward him from the left, on the same side of the street as 83 Hutchins Street. Burton turned toward the approaching man, realized that it was Jones, and exclaimed, “Oh shit, there he is.”4 At that point, the defendant was standing behind Burton on the steps of the building. Burton had his right hand on the railing on the right side of the front steps and the defendant was behind him and to the left with his hand still on the handle of the open front door. Jones continued to approach Burton and the defendant, saying “What’s up?” before pulling out a gun. Jones then opened fire, shooting at Burton and the defendant. The defendant, using the front door as a shield, returned fire with his own weapon from behind the door.5 The defendant continued to shoot as he backed away from the doorway, and Burton, now inside the building, tried to pull the defendant into the entryway from behind. After Burton and the defendant had both gotten into^the entryway of 83 Hutchins Street, Jones turned, took about three steps, and then collapsed face down on the sidewalk. He was pronounced dead a short time later at a local hospital.6

Defense of another. During the trial, the defendant requested jury instructions on the theories of both self-defense and defense [379]*379of another. The trial judge agreed to give the self-defense instruction but declined to instruct on defense of another. The defendant made a timely objection to the omission.

When either self-defense or defense of another has been sufficiently raised by the evidence, the defendant is entitled to an instruction that places on the Commonwealth the burden of disproving the particular defense beyond a reasonable doubt. See Commonwealth v. Rodriguez, 370 Mass. 684, 687-688 (1976); Commonwealth v. Maguire, 375 Mass. 768, 772 (1978). “To the extent that [the] defendant may have been found to come to the defense of [another] (as well as to his own defense), the legal principles are not unlike those which control the use of self-defense because a person ‘is justified in using force against another to protect a third person when (a) a reasonable person in the actor’s position would believe his intervention to be necessary for the protection of the third person, and (b) in the circumstances as that reasonable person would believe them to be, the third person would be justified in using such force to protect himself.’ ” Commonwealth v. Deagle, 10 Mass. App. Ct. 748, 750-751 (1980), quoting from Commonwealth v. Martin, 369 Mass. 640, 649 (1976). See Commonwealth v. McClendon, 39 Mass. App. Ct. 122, 125 (1995).

In determining whether sufficient evidence of self-defense or defense of another exists, “all reasonable inferences should be resolved in favor of the defendant, and, no matter how incredible [the evidence, it] must be treated as true.” Commonwealth v. Pike, 428 Mass. 393, 395 (1998). Although not every defendant who uses force is subsequently entitled to a jury instruction on the Commonwealth’s obligation to disprove self-defense, where there is evidence to support the claim, the instruction should be given. “Such evidence may fail to inspire belief. It may be incredible. However, it is the jury’s function to assess the credibility of the evidence in light of correct principles of law as delivered to them by the trial judge if there is some evidential basis for the claim.” Commonwealth v. Deagle, 10 Mass. App. Ct. at 750 (citations omitted).

As the trial judge recognized, self-defense was clearly an issue in this case and the jury were instructed accordingly. The trial judge declined, however, to instruct on defense of another, [380]*380ruling that the evidence was insufficient to establish that Burton was the target, or exposed to any danger, at the time of the shooting. The position adopted by the trial judge is not supported by the evidence on this record.

It is difficult to understand how, in the circumstances of this case, the defendant could have justifiably used deadly force to defend himself, but would not have been justified in doing so for the protection of his friend, Burton. The jury could have inferred from the evidence that the unarmed Burton was in a more exposed position than the defendant when the shooting began and that Jones was shooting in the direction of both the defendant and Burton. Moreover, even if Burton was not the intended target, he was certainly in imminent danger of death or serious bodily harm, see Commonwealth v. Pike, 428 Mass. at 396, by virtue of his proximity to the defendant and position on the steps within range of Jones’s weapon. The evidence, in the light most favorable to the defendant,

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Cite This Page — Counsel Stack

Bluebook (online)
770 N.E.2d 995, 55 Mass. App. Ct. 376, 2002 Mass. App. LEXIS 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-green-massappct-2002.