Commonwealth v. Ogden O.

864 N.E.2d 13, 448 Mass. 798, 2007 Mass. LEXIS 261
CourtMassachusetts Supreme Judicial Court
DecidedApril 17, 2007
StatusPublished
Cited by29 cases

This text of 864 N.E.2d 13 (Commonwealth v. Ogden O.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Ogden O., 864 N.E.2d 13, 448 Mass. 798, 2007 Mass. LEXIS 261 (Mass. 2007).

Opinion

Spina, J.

Following a jury trial, the juvenile was adjudicated delinquent on complaints charging him with mayhem, in viola[799]*799tian of G. L. c. 265, § 14, and with assault and battery by means of a dangerous weapon (flammable liquid), in violation of G. L. c. 265, § 15A. The juvenile was committed to the Department of Youth Services until February 11, 2008, but his sentence was suspended and he was ordered to comply with certain conditions. The juvenile appealed, and we transferred the case from the Appeals Court on our own motion. The juvenile now contends that (1) there was insufficient evidence to prove that he had the requisite specific intent to commit the crime of mayhem; and (2) he received ineffective assistance of counsel because his trial attorney did not present to the jury the issue of his lack of capacity to form the requisite specific intent. We affirm the adjudication of delinquency.1

1. Background. Viewing the evidence in the light most favorable to the Commonwealth, the jury could have found the following facts. See Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979). At the time of the events of June 1, 2003, the juvenile was ten years old. He was standing on the front porch of his home with a companion when the victim, who was nine years old, walked by and asked the juvenile if he had seen a particular friend. When the companion told him “No,” the victim turned and started to walk away. The victim then felt some liquid on his left leg, and he told the juvenile and his companion to “stop wetting” him. The juvenile threw a flaming piece of paper on the victim, which landed on his leg, causing his trousers to ignite. The victim extinguished the fire by rolling on the ground and stamping it out with his hand. While this was happening, the juvenile was laughing at the victim and made no effort to help him. The victim was able to walk home, where his mother removed his trousers and saw that his skin was terribly burned. The victim’s mother dialed 911, and he was transported to Baystate Medical Center by ambulance where he was hospitalized for almost two weeks. The victim continued to receive treatment for his bums for several months thereafter, and he now has a large scar on his lower leg. A fire fighter testified that the liquid thrown on the victim was “dry gas.”

[800]*8002. Sufficiency of the evidence as to specific intent. The juvenile first contends that there was insufficient evidence to prove that he acted with the specific intent to maim or disfigure the victim. The juvenile asserts that while his actions certainly were serious and harmful, they were not of a vicious and abhorrent nature, and they constituted a single isolated incident, not a prolonged attack. In the juvenile’s view, this incident was a prank that went horribly awry. Moreover, the juvenile argues that because he was only ten years old at the time of the incident, he did not have the capacity to form the specific intent necessary to commit mayhem. Therefore, the juvenile continues, absent proof of specific intent, the finding of delinquency based on the charge of mayhem should be reversed. We disagree.

General Laws c. 265, § 14, sets forth two theories on which a charge of mayhem may be premised. Here, the jury adjudicated the juvenile delinquent based on the second theory, which provides that “whoever, with intent to maim or disfigure, assaults another person with a dangerous weapon, substance or chemical, and by such assault disfigures, cripples or inflicts serious or permanent physical injury upon such person . . . shall be punished.” G. L. c. 265, § 14.2 The two theories of mayhem “represent distinctive and independent bases of liability.” Commonwealth v. Hogan, 7 Mass. App. Ct. 236, 246 n.11, S.C., 379 Mass. 190 (1979).

Under Massachusetts case law, “[t]he mental state required for conviction of mayhem ... is satisfied by direct or inferential proof that the assault was intentional, unjustified, and made with the reasonable appreciation on the assailant’s part that a disabling or disfiguring injury would result.” Commonwealth v. Davis, 10 Mass. App. Ct. 190, 196 (1980). Where the government lacks direct evidence of the requisite intent, as it often does, “[sjpecific intent may be inferred from the nature of the injuries as well as [from] evidence that ‘the injuries arose from a sustained or atrocious attack.’ ” Commonwealth v. [801]*801Sparks, 42 Mass. App. Ct. 915, 916 (1997), quoting Commonwealth v. Cleary, 41 Mass. App. Ct. 214, 217 (1996). See Commonwealth v. St. Pierre, 377 Mass. 650, 651-653 (1979) (defendants slammed steel cell door against victim’s arm numerous times); Commonwealth v. Farrell, 322 Mass. 606, 618-619 (1948) (defendant repeatedly slashed victim with razor blade and burned his initials into her skin); Commonwealth v. Lazarovich, 28 Mass. App. Ct. 147, 153-155 (1989) (defendant beat victim into unconsciousness, causing fractures, multiple contusions, and retinal hemorrhages); Commonwealth v. Taghizadeh, 28 Mass. App. Ct. 52, 58 & n.3 (1989) (defendant threw highly concentrated nitric acid in victim’s face); Commonwealth v. Tucceri, 9 Mass. App. Ct. 844, 845 (1980) (defendant repeatedly rubbed handfuls of dirt into victim’s eyes). A prolonged attack is not a necessary legal prerequisite to a finding of mayhem where a specific intent to maim or disfigure can be inferred from the circumstances of the attack and the severity of the inflicted injuries. See Commonwealth v. Hap Lay, 63 Mass. App. Ct. 27, 36 (2005). Contrast Commonwealth v. Johnson, 60 Mass. App. Ct. 243, 246-247 (2003) (evidence insufficient to support conviction of mayhem where entire attack lasted no more than ninety seconds, and injuries resulted from single strike to victim’s head with beer bottle that was intact before impact); Commonwealth v. Cleary, supra at 217-218 (evidence insufficient to support conviction of mayhem where defendant struck victim in head once with bladeless axe handle in “spur of the moment” attack that did not evidence intention to disfigure victim).

We conclude that the evidence here, viewed in the light most favorable to the Commonwealth, was sufficient to establish that the juvenile committed mayhem. The jury could infer his specific intent to maim or disfigure from the circumstances of the incident and from the nature of the victim’s injuries. Ignoring the victim’s request that the juvenile “stop wetting” him, the juvenile proceeded to throw a lighted piece of paper on the victim, causing his trousers, then wet with dry gas, to catch on fire. The evidence did not support an inference that the juvenile accidentally set the victim on fire. Moreover, the juvenile’s deliberate actions with the dry gas and the fire caused the kind [802]*802of disfiguring injury that was inevitable. The jury could reasonably believe that the extraordinarily dangerous nature of fire would not be lost on a ten year old boy. Nothing in the record suggests that the juvenile had any developmental handicaps or other disabilities that might have impaired his ability to perceive the common and severe risks associated with fire.

As counsel for the juvenile acknowledges, this court has never definitely resolved the issue whether, as under English common law, a child under the age of fourteen years is presumed to be incapable of committing particular crimes. In

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Bluebook (online)
864 N.E.2d 13, 448 Mass. 798, 2007 Mass. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-ogden-o-mass-2007.