Commonwealth v. Wallace

949 N.E.2d 908, 460 Mass. 118, 2011 Mass. LEXIS 454
CourtMassachusetts Supreme Judicial Court
DecidedJuly 6, 2011
StatusPublished
Cited by6 cases

This text of 949 N.E.2d 908 (Commonwealth v. Wallace) 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. Wallace, 949 N.E.2d 908, 460 Mass. 118, 2011 Mass. LEXIS 454 (Mass. 2011).

Opinion

Ireland, C.J.

On February 11, 2005, a jury convicted the defendant, Isaac Wallace, of murder in the first degree on the theories of deliberate premeditation and extreme atrocity or cruelty, G. L. c. 265, § 1; and carrying a firearm without a license, G. L. c. 269, § 10 (a).1 The defendant’s motion for a new trial was denied by the trial judge without an evidentiary hearing. The defendant is represented on appeal by counsel who had represented him in connection with his motion for a new trial. The defendant appeals from his convictions and from the denial of his motion for a new trial, contending that, in several respects, he was denied constitutionally effective assistance of trial counsel. The defendant also challenges his firearm conviction under the Second and Fourteenth Amendments to the United States Constitution and argues that we should exercise our power under G. L. c. 278, § 33E, to reduce the verdict to a lesser degree of guilt. We affirm the defendant’s convictions and the order denying his motion for a new trial. We discern no basis to exercise our authority under G. L. c. 278, § 33E.

1. Background. The jury could have found the following facts. In the early morning of Thursday, August 1, 2002, Fritz Johnson (victim), who was nineteen years of age, picked up his friend, Atiya Britt, in his automobile to give her a ride. He stopped at a convenience store in the Dorchester section of Boston near the intersection of Washington Street and Brinsley Street. The victim parked his automobile just beyond the store, in the direction of Columbia Road. Britt stayed in the automobile while the victim went into the store.

Meanwhile, the defendant and some of his friends were on their way back home to the Mattapan section of Boston, having just purchased some marijuana. They were in a blue minivan that was owned and driven by Chivona Hughes, the only female in the vehicle. Next to Hughes in the front passenger seat was the defendant’s brother. In the middle row of the van, Steven Nixon, the defendant’s friend, sat behind Hughes. The defendant [120]*120sat next to Nixon. In the third row there were three men, the defendant’s friend, Azan Reid; Reid’s cousin, Demarcus Kirkland; and a man known as “Kareem.” Hughes did not know the defendant, but knew Reid.

Hughes drove down Brinsley Street and came to a stop at a sign at the intersection of Brinsley and Washington Streets. The victim, who had left the store, was walking on the sidewalk heading back to his automobile. People in the van called out the victim’s name. The victim went over to the van, stuck his head inside the passenger side window, and then quickly backed up. As he backed away, the victim put his hands up and pulled up his shirt. The defendant opened the van’s sliding door and repeatedly shot at the victim.2 The victim stumbled and fell face down to the ground. The victim had been shot five times. Two of the shots hit the front of the victim: one shot entered his right, upper chest area, and the other entered his left lateral chest area. Another shot entered and exited the back of his left arm above the elbow. The other two shots were to the back: one shot entered the victim’s back just above the right buttock and the other entered the back of his left thigh.

When the firing stopped, Reid instructed Hughes to “go” and she sped off, heading back to Mattapan. Britt left the victim’s automobile and went over to him, as did others in the area, including the victim’s friend, Keem Sinclair, who, in the company of his cousin, happened to be heading to the store. The victim was not breathing and there was blood underneath him. Sinclair’s cousin left to get a police officer whom he knew was nearby.

[121]*121Shortly thereafter several Boston police officers arrived at the scene. After finding that the victim had no pulse, an officer checked for weapons on the victim and found none. Paramedics arrived at 12:42 a.m. and transported the victim to a nearby hospital, where he was pronounced dead. The victim died as a result of multiple gunshot wounds.

Witnesses at the scene told police that a van had been present at the time of the shooting and had sped off just after. One witness, Sinclair’s cousin, gave an officer a registration plate number, which was the registration plate number of Hughes’s van. Over their radio, police issued a broadcast giving a description of the van. The police did not recover any ballistics evidence from the scene.

Hughes headed back to Mattapan and dropped off some of the occupants of the van at their homes. Shortly thereafter, the group met at Reid’s home. Reid gave Hughes a bottle of window cleaner and instructed her to “wipe off the van.” Reid told her that she would “be okay if [she] didn’t say anything.” In response to a question posed by Reid, the defendant remarked, “We got him.” Hughes wiped down the van and left in it. She picked up two “crackheads” and then was pulled over, at about 3:30 a.m., by police officers on Evelyn Street in Mattapan. The officers took Hughes and the other two individuals back to a police station for questioning. Initially, Hughes lied to police because she “was scared for [her] life.” Officers looked for ballistics evidence inside the van, but found none.

In an interview with police on August 5, 2002, Britt told police that the gunshots came from the van but that she did not see the shooter. She stated that she thought there had been four men in the back of the van and two in the front. One of the men in the back was a light-skinned African-American who was around seventeen or eighteen years of age and had braids.3

After she had been charged with being an accessory after the fact and spent two months in jail, Hughes met with police on October 9, 2002, and gave a statement in which she stated that the defendant was the shooter. Kirkland implicated the defendant [122]*122as the shooter in an interview with police on October 29, 2002. See note 2, supra. On that same day, Reid was arrested for being an accessory after the fact and gave a statement to police identifying the defendant as the shooter.4 He had not spoken to police before because people are “not supposed to do things like that.”

At trial, Reid testified that, on the day before the shooting, he saw the defendant with a revolver. The victim’s mother testified that, during the spring and summer of 2002, she had been concerned about the people with whom the victim was spending his time. She also testified that, after the shooting, the defendant approached her and asked if she had heard anything about the victim’s “case.”

Nixon testified that he and his Mends would “hang out” at Norfolk Park in Mattapan. He recalled an incident that took place in the summer of 2002 when he saw the victim drive up to Norfolk Park and repeatedly fire a weapon into the park area. Nixon also relayed another incident in February or March of 2002 where the victim (in the company of a friend) attempted to shoot him. Nixon provided this information to police when he was questioned on October 29, 2002.

A ballistics expert testified that the three spent bullets recovered from the victim’s body during his autopsy had been fired from the same weapon. The weapon was not recovered.

The defendant did not testify, and no witnesses were called on his behalf.

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Cite This Page — Counsel Stack

Bluebook (online)
949 N.E.2d 908, 460 Mass. 118, 2011 Mass. LEXIS 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wallace-mass-2011.