Commonwealth v. Louis
Commonwealth v. Louis
Opinion
*895 The defendant, Emmanuel Louis, appeals from his convictions following a jury-waived trial of armed assault with the intent to murder, G. L. c. 265, § 18 ( b ) ; armed assault in a dwelling, G. L. c. 265, § 18A ; aggravated assault and battery by means of a dangerous weapon, G. L. c. 265, § 15A ( c ) (i) ; and assault and battery by means of a dangerous weapon on a person sixty years or older, G. L. c. 265, § 15A ( a ). We conclude that the evidence that the defendant swung his arm while holding a knife, knowing that the primary victim's mother was in close proximity, was sufficient to establish a reckless assault and battery on the mother. Further concluding that the trial judge could have rationally found that the defendant was armed at the time he entered the primary victim's house, we affirm.
1. Background . The defendant's wife was living in the victim's home in Waltham, and the victim had forbidden the defendant to come to the house. The defendant told his wife that he believed that the victim was "trying to destroy his relationship."
One morning, the defendant's wife and the victim saw the defendant outside the victim's house, in front of a sliding glass door. The defendant's hand was raised above his head in a fist, and he was apparently grasping an object. The defendant entered through the sliding glass door, tripped and fell to the floor, stood up, and then began stabbing the victim. Although the victim could not see what the defendant was holding, she testified that he used the object that was in his hand to stab her.
While the defendant was stabbing the victim, the victim's eighty-two year old mother attempted to intervene by grabbing the defendant's shoulder. In response, the defendant stepped away from the victim and swung his arm. The victim's mother suffered a deep cut to the palm of her hand. The defendant said, "Hey, Grandma, stay away," and fled. Both the victim and her mother required medical care and were brought to the hospital. The victim suffered thirty-one stab wounds and was hospitalized for ten days. The victim's mother required stitches to her hand.
After being arrested, the defendant "continuously mumbled about what did you expect me to do, she was trying to break up my family." The defendant later left a recorded message with his family in which he stated that he "just made an example out of" the victim, and that he "did it because [the victim] must never think that she could do that again."
2.
Standard of review
. "When reviewing the denial of a motion for a required finding of not guilty, 'we consider the evidence introduced at trial in the light most favorable to the Commonwealth, and determine whether a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' "
Commonwealth
v.
Faherty
,
3.
Assault and battery by means of a dangerous weapon on a person
*896
age sixty or older
. "There are two theories of liability for assault and battery ... : 'intentional battery and reckless battery.' "
Commonwealth
v.
Hamilton
,
Here, sufficient evidence existed for the trial judge to find that both elements of a reckless battery on the victim's mother were proved. While the defendant was stabbing the victim, the victim's mother came up behind him and grabbed his shoulder. Despite knowing there was a person touching his shoulder, the defendant swung his arms, while still gripping the knife, creating a high degree of likelihood that substantial harm would be inflicted on anyone in close proximity. See
Hamilton
,
The Commonwealth also presented sufficient evidence that the victim's mother's injury was more than transient and trifling. The victim's mother suffered a deep cut on the palm of her hand. As a result of her wound, the victim's mother was taken to the hospital and required stitches. The trial judge could reasonably conclude that being stabbed in the hand with enough force to draw blood and require stitches "interfered with the health or comfort" of the victim's mother.
Hamilton
,
We reject the defendant's theory that the evidence was insufficient to show that the defendant's knife was the cause of the mother's injuries. Although the victim's mother did not actually see the knife while she was being cut, she did see the defendant stabbing her daughter with the knife. She then was cut when the defendant, who was still attacking her daughter, swung his hand while she was in contact with him. The trial judge could reasonably infer that
*897
the knife remained in the defendant's hand and caused the victim's mother's injury. See
Waller
,
The case of
Commonwealth
v.
Correia
,
4.
Armed assault in a dwelling
. To sustain a conviction under G. L. c. 265, § 18A, the Commonwealth was required to prove that (1) the defendant "entered a dwelling that was not his own while armed with a dangerous weapon"; (2) he "assaulted another inside the dwelling"; and (3) "the assault was committed with the intent to commit a felony."
Commonwealth
v.
Negron
,
The trial judge reasonably inferred that the defendant was armed at the time he entered the victim's house. See
Waller
,
The Commonwealth also presented evidence that the defendant blamed the victim for "trying to destroy his relationship." This was circumstantial evidence that the defendant had a motive to hurt the victim and that he would likely have come to the victim's home armed to accomplish his objective that the victim "must never think that she could do that again." See
*898
Commonwealth
v.
Barbosa
,
Moreover, after the incident, the defendant left a recorded message for his family, stating that he "just made an example out of the" the victim. The judge was entitled to infer that the defendant would have armed himself to carry out his intention of making an example out of the victim. See
Commonwealth
v.
Bouley
,
Judgments affirmed .
Because we find sufficient evidence to support the conviction of assault and battery by means of a dangerous weapon under a recklessness theory, we need not consider whether there was sufficient evidence to support the conviction under a theory of intentional assault and battery. See
Mistretta
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.