Commonwealth v. Rivers

98 N.E.3d 688, 93 Mass. App. Ct. 120
CourtMassachusetts Appeals Court
DecidedApril 10, 2018
DocketNo. 16–P–1435
StatusPublished
Cited by1 cases

This text of 98 N.E.3d 688 (Commonwealth v. Rivers) 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. Rivers, 98 N.E.3d 688, 93 Mass. App. Ct. 120 (Mass. Ct. App. 2018).

Opinion

GREEN, C.J.

*120A group altercation outside a party on Martha's Vineyard led to a complaint charging the defendant with two *121counts of felony assault and battery.1 He now appeals from two orders of a District Court judge denying his motions to suppress (1) evidence of an out-of-court identification made by an assault victim, and (2) statements the defendant made to police after suggestions by an officer that his cooperation would avoid a felony charge.2 We affirm the order denying suppression of the identification. However, we agree with the defendant that the Commonwealth did not meet its burden to prove, beyond reasonable doubt, that the defendant's statements were voluntary, and accordingly we reverse the order denying his motion to suppress them.

Background. We summarize the motion judge's subsidiary findings of fact, which the defendant does not contest.

On June 28, 2014, the victim went to a party in West Tisbury before going to a party in Oak Bluffs. He had three or four beers that evening and it was "possible" he had some cocaine.

When the victim arrived at the Oak Bluffs party he encountered Matt Brown, whose sister the victim had been dating. Believing Brown was going to attack him, the victim struck Brown first and was then attacked by several others who cornered him in a parking lot. The victim was between several cars when he struck Brown, and then the defendant struck the victim in the face twice. The defendant tackled the victim and then sat on his chest while *691hitting him some more. While the defendant was hitting the victim, a third member of the group, Riley Dobel, came over and began "down-force" kicking and "stomping" the victim in the face and arms.3 The attackers then ran away and the victim was helped by two others, who drove him to the hospital.

The victim had seen the defendant earlier at the party, and extended congratulations to him for his brother's new child. The victim was also introduced to the defendant's friend Dobel, and talked to him about playing golf with Dobel's father in a "men's league at Farm Neck." The victim saw the defendant and Dobel at other times during the party up until the attack.

*122The victim knew the defendant as an "island kid," knew his father, knew his older brother, and knew that the defendant lived at his grandmother's house around the corner from the victim's house. As a result, he saw the defendant often; he also periodically saw pictures of the defendant in the newspapers for his athletic accomplishments. The victim had seen the defendant, and Dobel, more than a "hundred times" around town.

At around 2:00 A.M. , on June 28, 2014, Detective James Morse of the Oak Bluffs police department was dispatched to the Martha's Vineyard Hospital to interview the victim, who was hospitalized for treatment following the attack. The victim had suffered multiple facial fractures on both sides of his head. Detective Morse noticed that the victim had a "fractured orbit" and seemed "a little off." Over the course of an interview lasting three or four minutes, the victim told Detective Morse that he had been jumped by Brown and his friends, one of whom was the defendant's brother Marquis Rivers, at a party in Oak Bluffs.

After staying at the hospital for a short time, Detective Morse proceeded to the house in Oak Bluffs where the altercation had occurred. He met the defendant at the house, and asked him what happened. The defendant responded he did not know anything or see anything.

Approximately fourteen hours later, at 4:00 P.M. on June 28, Oak Bluffs police Officer William Johnson reported to the police station for his scheduled shift. Detective Morse spoke with Officer Johnson about his investigation of the assault. Johnson was familiar with a couple of the people allegedly involved, including the defendant, whom Johnson knew from growing up on Martha's Vineyard. Johnson had the defendant's telephone number. Detective Morse directed Johnson to contact the defendant and ask him to come to the police station for an interview.

Morse told Johnson that another individual may have caused the primary harm to the victim; that based on the state of the investigation, the defendant might be charged with a felony; but that it appeared that if the defendant came to the station and told his side of the story, he would be charged with a much lesser crime, such as misdemeanor simple assault. Morse did not, however, instruct Johnson to tell the defendant he would receive a lesser charge if he cooperated.

Johnson telephoned the defendant shortly after his conversation with Morse. Johnson identified himself as an Oak Bluffs police officer, and advised the twenty-six year old defendant that the *123police were interested in him as an involved party in the case and that it was the police's understanding *692that he committed a simple assault. Johnson went on to advise the defendant that if he came forward and gave a detailed account, he would be "very highly likely to avoid being charged with a felony."

At around 5:45 P.M. on June 28, 2014, about ninety minutes after Johnson had called him, the defendant called the Oak Bluffs police department and spoke to Detective Morse. The defendant said he had been involved in the fight with the victim. He said that he and Brown had arrived at the house where the assault occurred. The victim came out of the house and "sucker punched" Brown. When asked why he did not say that earlier, the defendant responded that he had been drunk. Morse told the defendant to come to the station for an interview.

At 2:00 P.M. the following afternoon, June 29, the defendant and his father came to the police station and met with Morse. The defendant was given proper Miranda warnings and then interviewed.4 The defendant's father was present during the interview. The defendant proceeded to give a fuller account of his involvement in the altercation than he gave during the previous night's telephone call to Morse. The interview lasted about twelve minutes. A little more than halfway through the interview, Morse commented to the defendant "I can't promise you're not going to get charged with any of these injuries, but if you did nearly what you did [sic ], it sounds to me like it could be a defense. You were just trying to help your friend who got punched. The problem is ... how it went from your original story to all this."

Seven hours later, at 9:00 P.M. on June 29, the defendant returned to the police station (with no prompting by police in the interim) for another recorded interview, which lasted fewer than ten minutes. The detective asked the defendant to lead him through the fight previously described; this time, the defendant added that Dobel kicked the victim after the defendant called for help. The defendant explained that he yelled for help when the victim was getting the better of him while wrestling on the ground, after the victim sucker punched Brown and the defendant intervened.

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Related

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110 N.E.3d 1220 (Massachusetts Appeals Court, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
98 N.E.3d 688, 93 Mass. App. Ct. 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-rivers-massappct-2018.