Commonwealth v. Williams

880 N.E.2d 768, 450 Mass. 645, 2008 Mass. LEXIS 31
CourtMassachusetts Supreme Judicial Court
DecidedFebruary 13, 2008
StatusPublished
Cited by24 cases

This text of 880 N.E.2d 768 (Commonwealth v. Williams) 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. Williams, 880 N.E.2d 768, 450 Mass. 645, 2008 Mass. LEXIS 31 (Mass. 2008).

Opinion

Greaney, J.

Based on a shooting that occurred in December, 1999, a jury convicted the defendant of murder in the first degree, as a joint venturer, on the theory of extreme atrocity or cruelty.1 The defendant was tried with Demetrius Ennis, who was acquitted by the jury. The trial judge denied the defendant’s motion to set aside the verdict. The defendant’s motion for a new trial was also denied 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 conviction; from the denial of his motion to set aside the verdict; and from the denial of his motion for a new trial. The defendant also argues that we should exercise our power under G. L. c. 278, § 33E, to reduce the verdict to a lesser degree of guilt or to order a new trial. We affirm the defendant’s conviction and the orders denying his motions to set aside the verdict and for a new trial. We discern no basis to exercise our authority under G. L. c. 278, § 33E.

The jury could have found the following facts. Both the defendant and Ennis sold drugs, both on the street and, during December, 1999, from an apartment that was leased to another at 30 Walnut Park in the Roxbury section of Boston. Michael [647]*647Lee, the victim, who lived in Brockton, also sold drugs, and dealt in larger quantities than did the defendant and Ennis. The mother of one of the victim’s children lived on Walnut Park. The victim and Ennis were friends. The victim associated with two individuals who lived in Philadelphia, Pennsylvania, namely, Michael Brown and Gregory Carter. Carter was the half-brother of Steven Knight.2 Knight knew the victim as well as the defendant and Ennis. In December, 1999, Knight was incarcerated, and while he was incarcerated, his girl friend, Tamika Wilson, and her friend, Tanya Brimage, lived at Knight’s apartment on Stamford Street in Boston. The defendant was a friend of Wilson, and would sometimes stay at the Stamford Street apartment.

The victim was last seen at about 10 p.m. on December 25, 1999, with the mother of one of his children outside her residence on Walnut Park. In her company, the victim spoke to someone on his cellular telephone and asked, “Is that you in the gray car?” There was a gray automobile within sight. The victim told the person on the telephone that he was just going to take his family upstairs and then would be right back down. The victim had been speaking with the defendant.

On the morning of December 26,1999, the victim’s automobile was towed from a wooded area adjacent to a parking lot of a school in Brockton. Two days later, on December 28, after the victim’s sister reported the victim missing, his body was discovered in the trunk of his automobile at an automobile recovery yard. The victim’s body had been wrapped with duct tape with a pillowcase placed over his head. The victim had been beaten, bound, and shot five times. He had been shot once in the jaw, once in the neck, twice in the chest, and once in the legs.

Investigation revealed that the pillowcase placed over the victim’s head matched one recovered from the apartment at 30 Walnut Park, from which the defendant and Ennis sold drugs. Cellular telephone records indicated that between 1 a.m. and about 4 a.m. on December 26, the cellular telephone that the defendant possessed was used in Quincy, Braintree, Randolph, Avon, Brockton, and Holbrook. There was also ballistics evi[648]*648dence. Five .380 caliber automatic discharged cartridge casings and one live .380 caliber automatic bullet were recovered in the vicinity where the victim’s automobile had been in the woods. All of the discharged cartridge casings had been fired from the same semiautomatic weapon. Two spent projectiles were recovered from the victim’s body, and a third spent projectile fragment was recovered from the trunk of the victim’s automobile. All three projectiles were consistent with .380 caliber automatic ammunition and had been fired from the same weapon. No weapon was recovered.

Early Christmas morning, the defendant, Carter, and another man went to the Stamford Street apartment belonging to Knight. A few hours later, Knight, from a house of correction, spoke with Carter on the apartment’s telephone. Later that day, at about 7 p.m., Knight called the apartment again. The defendant was present and spoke with Knight. The defendant indicated that he was going to take care of a problem. Knight asked, “Mike Lee [the victim]?” The defendant replied affirmatively.

At about 5 a.m. on December 26, Brimage let the defendant, Ennis, Carter, and another man into the Stamford Street apartment. Brimage went to sleep. She woke up after 8 a.m. to find the defendant and Ennis present. Later, , the defendant unzipped a blue backpack and pulled oút a gun and showed it to Ennis. Ennis said, “Damn, you almost emptied the clip on that nigger.” The defendant laughed and said, “Shit.”

At about 7 p.m. on December 26, the defendant visited his friend Renee Phillips at her apartment. Referring to the victim, the defendant told Phillips, “We had to take a ride with him last night.” He went on to say, “Well, I had to leave that nigger in his trunk.”

During the evening of December 28, at the Stamford Street apartment, the defendant asked Brimage if she had heard that the victim had been killed (Ennis was not present). Brimage stated that she had not. The defendant told her that it was on the news and that the victim had been killed in the woods. Brimage turned on the news. While she was watching, Knight telephoned. The defendant spoke with Knight, and during their conversation, the defendant used the phrase “lights out.” Afterward, Brimage asked the defendant what the television report on the victim’s [649]*649death meant by a “gruesome discovery” found in the trunk of an automobile. The defendant said that the victim had been shot in the head, the neck, and the face, and “everywhere.” As the defendant headed out of the apartment, Brimage told the defendant that he needed to keep quiet. The defendant replied, “I don’t care because if I go down, so don’t a whole lot of other people.” The defendant went on to say that he never should have brought Ennis with him.

The defendant attempted to evade police, but was arrested on January 2, 2000, in the Walnut Park area. He received Miranda warnings and told police that on Christmas Day, he had called the victim and had made arrangements to purchase one hundred dollars’ worth of marijuana from the victim that evening. The defendant then headed on foot to 38 Walnut Park to see Wilson. While the defendant was heading into 38 Walnut Park, at approximately noon or 1 p.m., he ran into the victim, who was walking out of that building. The victim could not confirm that the drug deal would occur. The defendant made plans with the victim to meet on Walnut Park at about 10:30 p.m. that evening. The defendant then visited with Wilson for almost one hour. He later borrowed a motor vehicle and drove to Plymouth, visited Knight, and then returned to Boston. The defendant stated that he went to the Stamford Street apartment. He unsuccessfully tried to contact the victim. The defendant returned to Walnut Park at 10:30 p.m., but the victim did not appear. The defendant met up with Ennis. The defendant parted with Ennis and went to a club, where he stayed until 2 a.m. on December 26. The defendant returned to the Stamford Street apartment.

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Cite This Page — Counsel Stack

Bluebook (online)
880 N.E.2d 768, 450 Mass. 645, 2008 Mass. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-williams-mass-2008.