Commonwealth v. Ward W.
Commonwealth v. Ward W.
Opinion of the Court
The juvenile
The evidence, viewed in the light most favorable to the Commonwealth, is as follows. At approximately 10:30 p.m. on Friday,
As Schwartz reached up to close his car trunk, he saw a stick coming down on him from behind. Schwartz grabbed the hockey stick from his assailant, threw it into the trank, slammed the lid closed, and told his assailant, “Get away from here! Go away! It’s over!” It was at this point that Schwartz noticed two human forms, one standing on either side of the car’s front doors, but he could not tell if those human forms were male or female or otherwise identify them. There was no testimony concerning any activity by the hovering forms. Schwartz was clear that his assailant was male, about five feet, six inches tall, and not the juvenile. In contrast, Schwartz was unable to tell what the two figures of uncertain gender were wearing and could only say that they were over five feet tall, taller than the Acura car door.
The assailant pushed Schwartz away from the car, held a sharp metal object under his chin, and ordered him to hand over his wallet and key chain holding twelve keys. Schwartz complied, was released, and ran across the street to his apartment without looking back. He then called 911 and directly reported the attack.
Thirty seconds after receiving Schwartz’s 911 call, the police broadcast notice of a stolen green Acura. One Boston police officer, Steven Duran, heard the dispatch while patrolling in his marked cruiser on Tremont Street about seven blocks away from West Brookline Street. Within seconds, Duran saw a green Acura heading in the opposite direction from him on Tremont Street. Duran changed direction and followed the Acura. He saw three males inside, one driving, one in the front passenger seat, and one, the juvenile, in the rear. Two were Hispanic, one black; it is unclear from the record whether the juvenile is black or Hispanic. The juvenile turned and looked back at the cruiser six to ten times. Duran turned on his cruiser’s blue lights but the Acura sped up, Duran giving chase for about a mile until the Acura came to a stop and its five occupants emerged and
The driver, described as being five feet, four inches to five feet, six inches tall, had on him when apprehended, among other things, two screwdrivers and the victim Schwartz’s cellular phone. The front seat passenger, described as fourteen or fifteen years old, thin, about five feet, eleven inches tall, was found with a knife and the victim’s car antenna in his pocket. The juvenile, found crouching behind a storm door with a screwdriver, was described as being very short, possibly around five feet tall. There was no description of the screwdriver found on the juvenile and it was not entered in evidence at trial.
The juvenile contends that it was error to have denied his motion for a required finding of not guilty because there was insufficient evidence to convict him as a joint venturer of armed robbery and armed carjacking. To do so, the Commonwealth must prove beyond a reasonable doubt that the juvenile was “(1) present at the scene of the crime, (2) with knowledge that another intends to commit the crime or with intent to commit a crime, and (3) by agreement is willing and available to help the other if necessary.” Commonwealth v. Williams, 422 Mass. 111, 121 (1996). The question for us, then, is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime[s] beyond a reasonable doubt.” Commonwealth v. Latimore, 378 Mass. 671, 677 (1979), quoting from Jackson v. Virginia, 443 U.S. 307, 318-319 (1979). Commonwealth v. Roman, All Mass. 1006, 1007 (1998). See Mass.R.Crim.P. 25(a), 378 Mass. 896 (1979).
The Commonwealth contends that the evidence was adequate to the purpose, drawing our attention to evidence showing the juvenile’s consciousness of guilt (repeatedly looking back over his shoulder in the car at the cruiser behind; running on foot with the other two males from the car; hiding with a screwdriver behind a porch door) and to the evidence showing the very brief period of time between the commission of the crime and the
The question presented is very close. The extremely short period of time that elapsed between the carjacking and the sighting of the car would seem sufficient to satisfy a rational trier of fact beyond a reasonable doubt that all of the occupants of the car at the time it was sighted and stopped were also present at the scene of the crimes. All five occupants fled, displaying the same consciousness of guilt; that the juvenile in addition turned around repeatedly to look at the police cruiser in pursuit and was found with a screwdriver of indeterminate dimensions adds but little to the point.
The victim gave virtually no identifying information about the two shadowy figures lurking by his car. He did not know their height (except to say in the range of five feet), build, gender, clothing, or. coloring. The juvenile concededly is in the range of five feet tall; so are the two females who escaped. That he is male, as was the assailant principal, may at first blush support the arguably common sensical conclusion that the three males committed the crime while the females stayed sedately in the background. It may well be the case that more adolescent males than females commit crimes, but no such evidence was admitted, even if such statistical information were relevant and admissible in the first instance. In the circumstances here, however, what might be thought common sense instead incorporates stereotypes and speculation; it does not support a permissible inference that it was the juvenile, rather than one of the females, who stood near the car door.
It is, then, as likely as not that the juvenile was one of the shadowy human forms. “When the Commonwealth’s evidence is entirely circumstantial, a case cannot be proved if the evidence equally supports two inconsistent propositions.” Commonwealth v. White, 422 Mass. 487, 494 (1996). Despite evidence of the juvenile’s consciousness of guilt (shared by all of the occupants of the stolen car), and his association with people who may have committed armed robbery and carjacking (again, an association shared by all), the inference that the juvenile participated in the crime as one of the two shadowy figures is unwarranted. See Commonwealth v. Fancy, 349 Mass. 196, 200 (1965). Here, as in Commonwealth v. Latney, 44 Mass. App. Ct. 423, 426 (1998), “any view of the Commonwealth’s evidence, however favorable, still requires a leap of conjecture with respect to essential elements of the crime charged in order to obtain a conviction.” The evidence was insufficient and the juvenile’s motion for a required finding of not guilty should have been allowed.
We touch only briefly on the juvenile’s other claim of error. Over objection, the Commonwealth introduced in evidence
Judgments reversed.
Verdicts set aside.
The juvenile was fourteen years old at the time of trial.
This is especially true since there was no evidence as to what the screwdriver looked like. It could as easily have been a screwdriver with a six-inch shaft, capable of being used as a weapon, as it could a miniature screwdriver used for repairing eyeglasses.
The two persons were present at the scene of the crime, the first element of joint venture. From the manner in which the. victim was attacked and from the position of the two on either side of the car, the jury could reasonably infer that the two shadowy figures and the principal approached the crime scene with the common goal of armed robbery and carjacking and that both shadowy figures were in a position to see the weapons used by the principal. These inferences would allow a jury to conclude that the two shadowy figures knew that the principal intended to commit a crime, the second element of joint venture. A jury could also reasonably infer from the position of the two
Case-law data current through December 31, 2025. Source: CourtListener bulk data.