Commonwealth v. Muniz
Commonwealth v. Muniz
Opinion of the Court
Following a jury-waived trial, the defendant was convicted of two counts of armed assault with intent to murder ( G. L. c. 265, § 18 [b ] ), two counts of assault by means of a dangerous weapon ( G. L. c. 265, § 15B [b ] ), one count of unlawfully carrying a firearm ( G. L. c. 269, § 10 [a ] ), and one count of unlawful possession of a loaded firearm ( G. L. c. 269, § 10 [n ] ).
Background. Viewing the evidence in the light most favorable to the Commonwealth, Commonwealth v. Latimore,
Eventually, Kennie left the store along with Christian, Diaz, and Ingram. Kennie picked up a stick with nails in it as the group walked down McKinley Road. The defendant drove an SUV past the group. Beeman and the third man were also in the vehicle. After passing, the defendant turned the SUV around at the top of the street, paused for a moment, and drove back towards the group. The driver's side window was rolled down, and the defendant held a silver revolver, which was approximately six inches in length. The defendant aimed the gun at Kennie and Christian, exclaimed "[b]itch-ass nigga," and fired. Members of the group heard a loud sound they later described as a gunshot. Kennie saw smoke emitting from the gun's barrel. The group ducked to the ground. No one was injured, and no cartridge casings were recovered from the scene; an officer testified that this was consistent with the fact that a revolver does not eject spent casings. A witness, who lived near the scene of the incident and was familiar with the sound of gunshots, confirmed that she heard a gunshot.
Two days after the shooting, a Worcester police detective recognized the defendant as matching the description of the perpetrator of the shooting. When the detective asked the defendant his name, he responded falsely that he was "Luis Castro." When the detective asked to speak with him further, the defendant fled but eventually was arrested.
1. Sufficiency of the evidence of a firearm. Under G. L. c. 140, § 121, a "firearm" is (i) a weapon, (ii) capable of discharging a shot or bullet, and (iii) equipped with a barrel less than sixteen inches long. See Commonwealth v. Nieves,
Here, the evidence was sufficient to establish that the defendant possessed a loaded, six-inch-long silver revolver that, when the defendant fired it, emitted both smoke and a loud sound identified as a gunshot by several witnesses, including one who specifically testified that she was familiar with the sound of gunshots. See
2. 911 call. At trial, the sole basis that trial counsel provided for excluding the 911 call was a lack of reliability. On appeal, the defendant raises a new argument-namely, that portions of the recording should have been redacted, sua sponte by the trial judge, to exclude statements by the caller that others in the area feared calling the police. Because no such request or objection was raised by trial counsel, the defendant and Commonwealth agree that our review is limited to determine whether any error created a substantial risk of a miscarriage of justice. See Commonwealth v. Dargon,
Here, assuming arguendo that there was an error, there was no such risk. In a jury-waived trial, we presume that the judge was not unduly swayed by the introduction of improper evidence, especially where (as here) the supposed improper evidence was insignificant in the context of the trial as a whole. See Commonwealth v. Murungu,
3. Testimony referencing prior bad acts. The defendant maintains that during cross-examination, trial counsel elicited from Kennie evidence concerning prior bad acts of the defendant. Specifically, Kennie testified that he did not associate with the defendant in school because he knew what the defendant was "involved with" and that he grabbed a stick (after the verbal altercation in the store) because of this involvement. No objection was raised at trial, so our review is to determine whether any error raised a substantial risk of a miscarriage of justice. Commonwealth v. Sholley,
To begin, it is not clear that Kennie's testimony concerned prior bad acts by the defendant. His reference to the defendant's prior involvement was vague and obscure. Assuming arguendo that this was prior bad act evidence, its admission did not result in a substantial risk of a miscarriage of justice. As with the 911 call, we assume that the trial judge considered this evidence only for its proper purpose. See Murungu,
Judgments affirmed.
Order denying motion for new trial affirmed.
Prior to trial, the Commonwealth agreed to the dismissal, as duplicative, of one count of armed assault with intent to murder. Following the trial, the Commonwealth agreed to the dismissal of one count of unlawful possession of ammunition as duplicative. The trial judge acquitted the defendant of two counts of armed assault with intent to murder and two counts of assault by means of a dangerous weapon.
Because they share the same surname, we will refer to the brothers by their first names.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.