Commonwealth v. Humphries (Lawyers Weekly No. 10-129-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11237 COMMONWEALTH vs. DELANIE HUMPHRIES. Worcester. March 4, 2013. ‑ July 12, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, & Duffly, JJ. Firearms. Evidence, Firearm, Joint venturer, Presumptions and burden of proof. Joint Enterprise. License. Practice, Criminal, Presumptions and burden of proof, Affirmative defense, Assistance of counsel, Instructions to jury. Indictments found and returned in the Superior Court Department on December 21, 2007, and March 5, 2010. The cases were tried before Peter W. Agnes, Jr., J., and a motion for a new trial was considered by him. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Thomas D. Frothingham for the defendant. Stephen J. Carley, Assistant District Attorney, for the Commonwealth. DUFFLY, J. Early in the evening of October 26, 2007, the defendant engaged Luis Acevedo in a fight in the middle of a residential street in Worcester. After the two men threw several punches at each other, the defendant moved back and called out, “Bobo,” whereupon a man stepped out from behind a tree, fired a gun, and fled. Acevedo departed quickly from the area in an automobile driven by his friend, Andrew Robinson. A few minutes later, additional shots were fired, striking the automobile. For his role in the shooting, the defendant was indicted for assault with intent to murder Acevedo; assault with intent to murder Robinson; assault of Acevedo by means of a dangerous weapon; assault of Robinson by means of a dangerous weapon; and various firearms offenses. At trial, the Commonwealth proceeded under the theory that the defendant, who did not actually possess the gun, was guilty of the charged offenses as a joint venturer. Before the case was submitted to the jury, the judge allowed the defendant’s motion for a required finding of not guilty on the indictment charging assault with intent to murder Robinson. The jury found the defendant guilty of both indictments charging assault by means of a dangerous weapon, and of the following firearms charges: carrying a firearm without a license; carrying a loaded firearm without a license; and possession of ammunition without a firearm identification (FID) card.[1] The jury acquitted the defendant of the indictment charging assault with intent to murder Acevedo. In his motion for […]