Commonwealth v. Gill
Commonwealth v. Gill
Opinion of the Court
The defendant, Michael Gill, appeals from his convictions of armed assault with intent to kill and assault and battery.
1. Self-defense. The trial judge solely instructed the jurors on the use of deadly force in self-defense and deadly force in defense of another. On appeal, the defendant contends that the judge erred in failing to instruct the jury on the use of nondeadly force in self-defense and in defense of another. Because the defendant did not object to the omission of a nondeadly force instruction, our review is limited to whether the absence of such an instruction was an error that "created a substantial risk of a miscarriage of justice." Commonwealth v. Shea,
The standards for self-defense using deadly force and nondeadly force are "mutually exclusive." Commonwealth v. Walker,
In assessing whether an instruction on self-defense was warranted, we consider the evidence in the light most favorable to the defendant. See Commonwealth v. Little,
The defendant and the victim were standing in their front yards across the street from each other when they were involved in a shouting match. After hearing the commotion, the defendant's brother joined the defendant outside. The victim then yelled, "I got something for you Mikey," and went back into his house. He emerged a few seconds later with a machete and proceeded to walk towards the defendant. The defendant's brother ran to his vehicle and retrieved a folding knife. The victim first chased the defendant's brother with the machete before turning his attention to the defendant after the defendant had picked up a pavestone.
At some point, the defendant threw the pavestone at the victim, but did not hit him.
It is the victim's conduct that determines whether justified and proportional defensive force was used. "The proper standard for determining whether a defendant's particular actions were justifiably undertaken in self-defense depends on the level of force he used on his victim and the circumstances that prompted those actions." Commonwealth v. Pike,
2. Sufficiency of the evidence of armed assault with intent to kill. To be convicted on the theory of joint venture when there is a weapon as one of its elements, the defendant's "knowledge of the weapon is an element of the Commonwealth's proof." Commonwealth v. Gorman,
Viewing the evidence in the light most favorable to the Commonwealth, see Commonwealth v. Latimore,
3. Exclusion of prior conviction. The exclusion of a certified docket reflecting the victim's prior conviction of breaking and entering furnishes no cause to disturb the judgments; in light of the victim's acknowledgement of several felony convictions that were admitted in evidence,
4. Adjutant evidence. Finally, there was no error in the exclusion of evidence of the victim's prior violent conduct, pursuant to Commonwealth v. Adjutant,
Judgments affirmed.
The defendant was indicted on charges of armed assault with intent to murder and assault and battery by means of a dangerous weapon. He was acquitted of those charges but convicted of the lesser included offenses in each case.
The details of that act were described by conflicting testimony. While the victim testified that the defendant threw the pavestone at his head, the defendant's brother testified that the defendant threw the pavestone at the victim's feet. Two other witnesses offered similar testimony that the pavestone either hit the victim in the leg or did not hit the victim at all. For purposes of our analysis of the defendant's claim of self-defense, we adopt the view most favorable to the defendant.
To the extent the defendant suggests that the evidence did not clearly establish that the victim threatened to use the machete as a weapon against him or his brother, the point is unavailing; under that view of the evidence the victim did not pose a threat justifying use of force in self-defense.
There is some question whether the defendant was entitled to an instruction on self-defense at all. "A self-defense instruction is not required unless there is some evidence that the defendant availed himself of all means, proper and reasonable under the circumstances, of retreating from the conflict before resorting to the use of deadly [or nondeadly] force." Commonwealth v. Toon,
The testimony from the victim and his fiancée was inconsistent with respect to where the defendant came from prior to approaching them. The victim testified that the defendant exited a black vehicle that had just parked in front of the defendant's residence. The victim's fiancée testified that the defendant exited from the residence. The difference is immaterial to the issues raised on appeal.
The victim admitted to being convicted of drug trafficking, conspiracy to violate the Controlled Substances Act, knowingly receiving stolen property, and threats to commit a crime.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.