Commonwealth v. Davis
Commonwealth v. Davis
Opinion of the Court
The question raised by the defendant’s appeal is whether his conviction of unarmed robbery on an indictment charging him with masked armed robbery
Viewed in the light most favorable to the Commonwealth, see Commonwealth v. Latimore, 378 Mass. 671, 677 (1979), the following facts could have been found by the jury. On October 17, 2002, the defendant, wearing a scarf covering his mouth, a baseball cap, and black glasses, approached a teller’s window
The statute governing unarmed robbery, G. L. c. 265, § 19(b), in relevant part states:
“Whoever, not being armed with a dangerous weapon, by force and violence, or by assault and putting in fear, robs, steals or takes from the person of another, or from his immediate control, money or other property which may be the subject of larceny, shall be punished . . . .”
The defendant concedes that Commonwealth v. Novicki, 324 Mass. 461, 466 (1949), indicates that if “acts of violence” are committed on others and the victim was aware of them and thereby put in fear for them, the victim need not fear for himself. The defendant’s argument is that here, however, there was no assault on anyone. He claims that because the jury did not find the defendant armed, the Commonwealth cannot assert that the
The statute, G. L. c. 265, § 19(b), permits a conviction for unarmed robbery in either of two ways: “by force applied to the person, with intent to steal, or by an assault putting the person in fear, with the same intent.” Commonwealth v. Richards, 363 Mass. at 302. There is no requirement that the fear be for MaCakathi himself. The jury could find: (1) objectively menacing conduct by the defendant, see Commonwealth v. White, 110 Mass. at 409, undertaken with the intent to put MaCakathi in fear for the purpose of stealing the bank’s money; and (2) this conduct resulted in reasonable fear or apprehension on MaCakathi’s part and thereby facilitated the theft. See Commonwealth v. Richards, 363 Mass. at 304. They were also warranted in concluding that MaCakathi turned over the money because he feared that if he did not comply with the defendant’s request, a customer standing near the defendant might get hurt. Even if the threatening gestures against MaCakathi did not cause him to fear for himself,
Judgment affirmed.
The defendant was also convicted of an attempt to commit a crime (an attempt to hold up a different bank on a different date). He does not challenge that conviction.
MaCakathi’s testimony did not indicate whether the defendant patted his sweatshirt and held what MaCakathi thought was something in his jacket prior to MaCakathi giving the money to the defendant. His recollection of those gestures and of his belief was elicited after he was shown a police report. Neither party mentions the timing of the gestures.
The jury could also have disbelieved MaCakathi’s statement that he was not frightened for himself. He may have been testifying from false bravado in presuming bullet-proof glass would protect him from a gun. Cf. Magnotti v. State, 842 So. 2d 963, 965-966 (Fla. Dist. Ct. App. 2003).
Reference
- Full Case Name
- Commonwealth v. Mark Davis
- Cited By
- 4 cases
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- Published