Commonwealth v. Johnson (and two companion cases) (Lawyers Weekly No. 11-153-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 17-P-58 Appeals Court 17-P-59 17-P-70 COMMONWEALTH vs. ALEXANDER JOHNSON (and two companion cases[1]). Nos. 17-P-58, 17-P-59, & 17-P-70. Norfolk. November 1, 2017. – December 12, 2017. Present: Milkey, Blake, & Singh, JJ. Assault and Battery by Means of a Dangerous Weapon. Evidence, Joint venturer. Practice, Criminal, Dismissal, Indictment. Indictments found and returned in the Superior Court Department on March 24, 2016. Motions to dismiss were heard by Beverly J. Canone, J. Varsha Kukafka, Assistant District Attorney, for the Commonwealth. Kathleen E. McKay for Alexander Johnson. Neil V. Madden for Jordan Williams. John M. Brinkman, for Michael Leary, was present but did not argue. MILKEY, J. A grand jury indicted Alexander Johnson, Jordan Williams, and Michael Leary for assault and battery by means of a dangerous weapon causing serious bodily injury (ABDW-SBI). See G. L. c. 265, § 15A(c)(i). The indictments were based on a bar fight, during which Christopher Socha (the victim) was struck on the top of his head with a glass. The Commonwealth’s theory was that Johnson was the one who struck the victim with the glass, and that Williams and Leary were criminally liable for aiding and abetting Johnson.[2] Johnson moved to dismiss so much of the ABDW-SBI indictment as alleged serious bodily injury, on the grounds that the evidence presented to the grand jury failed to establish probable cause that such injury occurred. See generally Commonwealth v. McCarthy, 385 Mass. 160, 162-163 (1982). Williams and Leary moved to dismiss the ABDW-SBI indictments against them in toto, arguing that the evidence before the grand jury failed to establish probable cause that they aided and abetted Johnson’s striking the victim with the glass. Before us now is the Commonwealth’s appeal from the Superior Court order allowing all three McCarthy motions with respect to the ABDW-SBI indictments.[3] For the reasons that follow, we reinstate the ABDW-SBI indictments against each defendant. Background.[4] The bar fight. The three defendants worked for a liquor wholesaler in Kingston. On October 3, 2015, a Saturday, the company held its annual party at a Plymouth restaurant. The party featured an “open bar,” and the defendants had a considerable amount to drink.[5] Together with other partygoers, they then went to another local restaurant, the Waterfront Bar & Grille, to continue the festivities. The bar area […]