Commonwealth v. Galiotte
Commonwealth v. Galiotte
Opinion of the Court
A Superior Court jury convicted the defendant of assault and battery by means of a dangerous weapon causing serious bodily injury, G. L. c. 265, § 15A(c )(i).
Background. We summarize the relevant facts in the light most favorable to the Commonwealth. See Commonwealth v. Latimore,
During emergency surgery, doctors discovered a through-and-through laceration to the liver. The surgeon "packed" this wound to the liver. The victim was discharged from the hospital six days later. At the time of trial (just over two years after the shooting), the victim had scars at the locations of each gunshot wound.
Discussion. We review this evidence to determine whether "any rational trier of fact could have found [serious bodily injury] beyond a reasonable doubt." Commonwealth v. Scott,
1. Impairment of an organ. "An impairment of an organ ... occurs when damage to the structure of the organ is significant enough to compromise its ability to perform its function in the victim's body." Scott,
It is true that "[m]edical records containing technical terminology that require jurors to speculate on the meaning of key terms [are] insufficient, without more," to prove impairment of an organ.
2. Permanent disfigurement. At trial, the victim testified that he still had scars at the locations of the bullet wounds. The defendant argues that this testimony alone was not sufficient to prove permanent disfigurement. We disagree. "Disfigure" is commonly defined as "mak[ing something] less complete, perfect, or beautiful in appearance or character." Webster's Third New International Dictionary 649 (1993). When viewed in the light most favorable to the Commonwealth, the victim's testimony that he had visible scars on his torso over two years after he sustained the bullet wounds allowed a reasonable inference that he had been permanently disfigured beyond a reasonable doubt.
Judgment affirmed.
The defendant was also found guilty of possession of a firearm with a defaced identification number while in the commission of a felony, G. L. c. 269, § 11B ; possession of a firearm without a firearm identification card, G. L. c. 269, § 10(h ) ; and witness intimidation, G. L. c. 268, § 13B. This appeal does not concern those convictions.
Although Scott interprets the term "serious bodily injury" in the context of a different statute, G. L. c. 265, § 13A(b )(i), the term has a "substantially identical definition[ ]" here. Commonwealth v. Jean-Pierre,
In Scott,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.