Commonwealth v. Vaughn

687 N.E.2d 270, 43 Mass. App. Ct. 818, 1997 Mass. App. LEXIS 241
CourtMassachusetts Appeals Court
DecidedNovember 19, 1997
DocketNo. 95-P-1779
StatusPublished
Cited by7 cases

This text of 687 N.E.2d 270 (Commonwealth v. Vaughn) 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. Vaughn, 687 N.E.2d 270, 43 Mass. App. Ct. 818, 1997 Mass. App. LEXIS 241 (Mass. Ct. App. 1997).

Opinion

Flannery, J.

A Superior Court jury convicted the defendant of involuntary manslaughter, possession of heroin, and possession of a hypodermic needle after hearing evidence that the defendant injected Aileen St. Sauveur with heroin and that soon thereafter she died. On appeal, the defendant challenges only the conviction of manslaughter. He argues that there was insufficient [819]*819evidence that he acted recklessly because the Commonwealth made no factual showing that his conduct “created a high degree of likelihood that substantial harm would result to the victim.” Commonwealth v. Flynn, 420 Mass. 810, 815 (1995). He further contends that, even if there were sufficient evidence to support the conviction, he is entitled to a new trial because he was prejudiced by the prosecutor’s closing argument, which repeatedly referred to the defendant’s failure to seek medical assistance for the victim, and by the judge’s refusal to give the defendant’s requested instruction that the jury may not base a verdict of manslaughter “on any inaction or failure to act or delay in acting on the part of the defendant.” We affirm.

1. The facts. Viewing the evidence in the light most favorable to the Commonwealth, the jury could have found the following facts.1

On September 4, 1993, at approximately 11:00 a.m., the defendant “shot up” a bag of heroin at the home he shared with his mother at 223 Southern Drive in Chicopee. At around 4:30 p.m., the defendant went to the McKinstry Avenue bridge, a place where people were known to “party.” Aileen St. Sauveur arrived and spoke with the defendant. They went to his house where she drank wine coolers and he drank beer; they were waiting for his mother to come home so that they could use her car.

When the defendant’s mother returned, the defendant drove her car to Holyoke with St. Sauveur, who gave him twenty dollars to purchase heroin. After making the purchase, they returned to the defendant’s house and went into his room. The defendant “cooked up” the heroin in a bottle cap. The defendant said he and St. Sauveur agreed to split the heroin since he had driven her to the supplier. He further claimed that St. Sauveur and he had “gotten high” together about four times previously that year.

The defendant said St. Sauveur asked him to help her “shoot up” since she had small veins. She put a belt around her arm and tightened it. With his thumb, the defendant felt for her vein, located it, and injected a syringe filled with half the bag of heroin — now in liquid form — into her. After cleaning the needle, the defendant injected himself with the remainder. He [820]*820cleaned the needle again and put it in a tin can in which he kept his paraphernalia. The needle was later recovered by the police pursuant to the defendant’s consent to search his room.

The defendant noticed that St. Sauveur became groggy about five minutes after he injected himself. She passed out on his bed. He tried to wake her up but could not. Before leaving the room, he rolled her onto her stomach so “in case she threw up, she wouldn’t choke.” The defendant went downstairs for some time and then returned to the bedroom. Although the victim still had a pulse and was breathing, she did not rouse in response to his slapping her. The defendant went back downstairs and watched television. After ten or fifteen minutes, he returned upstairs where St. Sauveur was still unresponsive; now she was turning blue and had no pulse.

The defendant and his mother brought the victim outside, leaned her against the side of the building, and then went back inside their home where the defendant instructed his mother to call an ambulance. Neighbors sitting outside then saw the defendant come back outside three times to try to rouse the victim by slapping her and lifting her eyelids. He was yelling: “Happy Birthday, bitch . . . nice fucking birthday.” The neighbors called the police.

Paramedics and the police arrived. St. Sauveur did not have a pulse, and her fingers were cold to the touch. Although the defendant was standing behind his door when they arrived, he told the paramedics that he knew nothing about St. Sauveur’s condition and that he had spoken with her minutes before. The victim was transported to the hospital and pronounced dead.

Police officers on the scene questioned the defendant at his home. He initially said that he and St. Sauveur had been “party- ' ing” in his bedroom, that she went into the bathroom, and that she then left his house. He denied knowing how she got outside. The next day the defendant gave the police a signed statement in which he admitted that he had “shot up” the victim.

A forensic pathologist employed by the Commonwealth’s chief medical examiner performed the autopsy on St. Sauveur. A toxicology report showed a blood alcohol level of .20 percent, but the pathologist said that the role of alcohol in her death was “minimal.” He asserted that the ingestion of heroin caused her death. Although the amount of heroin-produced morphine in her system, thirteen micrograms per deciliter, fell below the “toxic level” of twenty, that fact was not significant because, regard[821]*821less of amount, “the mechanism of heroin deaths is one of shock, allergic shock, very short acting in those who respond in that fashion to shock and lack of blood pressure and death.” The pathologist said that he had performed a dozen autopsies in the past year in which the cause of death was heroin and that there were perhaps twenty cases in his western Massachusetts office that year.

The defendant testified in his own behalf, for the most part consistently with his statement to the police. He said he had been an alcoholic and heroin addict for approximately twenty years. In that time, he had taken drugs with many other individuals but had never seen anyone overdose. He was cross-examined extensively, and without objection, about his failure to call for help when St. Sauveur was unresponsive in his bedroom. It was established that the defendant had been a field medic while serving in the military.

2. The sufficiency of the evidence. “There is no statutory definition of manslaughter in Massachusetts; its elements are derived from common law.” Commonwealth v. Catalina, 407 Mass. 779, 783 (1990). The Commonwealth proceeded on the theory that the defendant committed involuntary manslaughter “under the principles set forth in Commonwealth v. Welansky, 316 Mass. 383 (1944). Welansky holds that involuntary manslaughter includes an unlawful homicide unintentionally caused by wanton or reckless conduct. ‘The essence of wanton or reckless conduct is intentional conduct, by way either of commission or of omission where there is a duty to act, which conduct involves a high degree of likelihood that substantial harm will result to another.’ Id. at 399.” Commonwealth v. Catalina, 407 Mass, at 789.

The defendant does not contend that his act of injecting St. Sauveur with heroin was unintentional. Rather, he disputes the sufficiency of the evidence that this conduct involved a high degree of likelihood that substantial harm would result to St. Sauveur. The defendant says that the only evidence before the jury on the issue was the forensic pathologist’s estimation that his office had handled twenty cases of deaths resulting from heroin in the previous year.

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Bluebook (online)
687 N.E.2d 270, 43 Mass. App. Ct. 818, 1997 Mass. App. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-vaughn-massappct-1997.