Commonwealth v. Hoshi H.
Commonwealth v. Hoshi H.
Opinion of the Court
On June 26, 2006, a Berkshire County grand jury indicted the defendant as a youthful offender pursuant to G. L. c. 119, § 54, alleging that the juvenile was an accessory after the fact, G. L. c. 274, § 4. This indictment was dismissed by a judge of the Juvenile Court, and the Commonwealth appeals.
General Laws c. 119, § 54, as amended by St. 1996, c. 200,
Here, the Commonwealth sought to bring the offense underlying the allegation of delinquency within G. L. c. 274, § 4, as amended by St. 1943, c. 488, § 1, which provides that “[whoever, after the commission of a felony, harbors, conceals, maintains or assists the principal ... or gives such offender any other aid . . . with the intent that he shall avoid or escape . . . arrest . . . shall be an accessory after the fact, and ... be punished.” Based on the evidence presented in the Juvenile Court proceedings, the judge below could have found as follows: the juvenile was present in a house where her boyfriend, Luis Torres, shot another man during a fight, wounding him. The juvenile then fled with Torres and another man, Michael Pinel. The trio went to a nearby convenience store, where the juvenile arranged for a taxicab to transport the group to an apartment in a neighboring town. When police tracked Torres to that apartment, the juvenile initially denied that Torres was present.
The Commonwealth contends — as it must in order to provide a basis for the indictment obtained under § 54 — that by abetting Torres’s escape and subsequently helping to conceal him from police, the juvenile’s conduct “involve[d] the infliction or threat of serious bodily harm.”
In its argument, and by means of the cases on which it relies,
This distinction derives, inter alia, from the fact that an ac
On the basis of this crucial distinction, we reject the Commonwealth’s argument that Torres’s violent acts must be imputed to the juvenile in assessing her vulnerability to indictment under G. L. c. 119, § 54. Accordingly, and consistent with the decision in Clint C., supra, we look only to the juvenile’s own conduct in assessing the applicability of that provision. Her actions in facilitating Torres’s escape and avoiding arrest did not involve the requisite “infliction or threat of serious bodily harm” described in the statute. See Commonwealth v. Quincy Q., 434 Mass. 859, 863 (2001) (youthful offender indictment dismissed where based on charges of indecent assault and battery upon a child where the assault consisted of touching only and so did not involve the infliction or threat of infliction of bodily harm). Needless to say, the outcome may well have been different had the juvenile been charged as an accessory before the fact or joint venturer. However, that is not the situation here. The Juvenile Court’s order dismissing the youthful offender indictment is affirmed.
So ordered.
In the same proceedings the juvenile was found to be a youthful offender on the basis of unrelated charges and sentenced to a committed term of eighteen months to be served in the custody of the Department of Youth Services (DYS) until such time as the juvenile reached the age of seventeen years, and thereafter in the Berkshire County house of correction.
We note that under an elements-based approach, there is no question that the standard imposed by § 54 would not be met; as set out infra, G. L. c. 274, § 4, does not require proof of a violent act or any threat to commit same.
The Commonwealth concedes, as it must, that this was the only potential
In State in the Interest of B.T, 145 N.J. Super. 268, 277 (1976), the juveniles were all involved in procuring the weapon used in a homicide, and two were present at the time of the killing. None fairly might be characterized as merely an accessory after the fact. In In re Luis R., 204 Conn. 630, 635-636 (1987), the decision does not recite the facts of the case in any detail. However, the opinion makes it plain that the juvenile shared with the principal “the mental state required for the commission of [the] offense.” From this we infer that the juvenile was either a coventurer or an accessory before the fact. In Flakes v. Colorado, 153 P.3d 427, 430-431 (Colo. 2007), the juvenile was charged with murder as a principal in addition to being charged as an accessory.
We note that nowhere in its brief did the Commonwealth point out the important distinction between the cases on which it relies and the situation here.
Reference
- Full Case Name
- Commonwealth v. Hoshi H., a juvenile
- Cited By
- 3 cases
- Status
- Published