Posts tagged "1019315"

Commonwealth v. Tejeda (Lawyers Weekly No. 10-193-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11858   COMMONWEALTH  vs.  ROBINSON TEJEDA.       Suffolk.     September 10, 2015. – December 2, 2015.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.     Homicide.  Felony-Murder Rule.  Joint Enterprise.  Robbery.  Home Invasion.  Practice, Criminal, Required finding, Motion for a required finding.       Indictments found and returned in the Superior Court Department on April 27, 2012.   The cases were tried before Janet L. Sanders, J., and a motion for a required finding of not guilty was heard by her.   The Supreme Judicial Court granted an application for direct appellate review.     Dana Alan Curhan (Robert S. Sinsheimer with him) for the defendant. Vincent J. DeMore, Assistant District Attorney, for the Commonwealth.     GANTS, C.J.  The primary issue in this appeal is whether a defendant who joins with others to commit an armed robbery may be found guilty of murder on the theory of felony-murder for the killing of his accomplice by someone resisting the armed robbery.  We conclude that he may not. Background.  We recite the facts in the light most favorable to the Commonwealth, reserving certain details for our analysis of the issues raised on appeal.  On January 14, 2012, the defendant and two friends, Christopher Pichardo and Stephane Etienne, met with Frederick Reynoso, who was to sell them one-half pound of marijuana for $ 2,200.  Together, they traveled in a vehicle the defendant had borrowed from his girl friend to a residence in the Dorchester section of Boston, where the transaction was to take place.  Pichardo, Etienne, and Reynoso entered the home through a basement door; the defendant remained outside in the parked vehicle.  Reynoso’s cousin, Jonathan Santiago, was waiting for them in the basement.  Once inside, Santiago weighed the marijuana, placed it into eight one-ounce bags, and handed the bags to Pichardo.  Pichardo told Santiago that Etienne would pay him for the marijuana.  Etienne dropped his cellular telephone to distract Santiago, and Pichardo then pulled out a .40 caliber semiautomatic handgun from his waistband and told Santiago, “You know what time it is.”  Reynoso responded by pulling out his own .32 caliber revolver, and a gun battle between Pichardo and Reynoso followed in which shots were fired from both weapons.  A bullet struck Pichardo on the right side of his chest. Etienne and Pichardo attempted to […]

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Posted by Massachusetts Legal Resources - December 2, 2015 at 10:01 pm

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