Commonwealth v. Benoit
Commonwealth v. Benoit
Opinion of the Court
Following a bench trial in the District Court, the defendant, Corey Benoit, was convicted of assault and battery on a family or household member. He appeals, claiming that the Commonwealth presented insufficient evidence, specifically by failing to disprove that he acted in self-defense. We affirm.
Background. The judge could have found the following facts. On August 2, 2015, the defendant hosted a party at his home. At approximately 2:00 A.M. , the defendant pushed his girl friend into a wall, causing her to fall to the ground.
Sufficiency of the evidence. We review a claim of sufficiency of the evidence in the light most favorable to the Commonwealth. See Commonwealth v. Latimore,
In order to determine whether the defendant is entitled to a self-defense instruction, we view the evidence in the light most favorable to the defendant.
Here, viewing the evidence in the light most favorable to the Commonwealth, the Commonwealth proved, beyond a reasonable doubt, that the defendant used more force to defend himself than was reasonably necessary in the circumstances. See Commonwealth v. King,
The defendant also claims that the judge erred in finding that he retaliated against the victim and that there was insufficient evidence to support that finding. This claim fails as the judge did not find that the defendant retaliated against the victim. To be sure, the judge, prior to closing arguments, read Model Jury Instruction 9.260, supplemental instruction no. 4 under self-defense, and asked the parties to address it in their closing arguments. The defendant argued that he did not retaliate against the victim for the bite, but rather, he acted in self-defense "when [the victim] came back at him." The Commonwealth argued that the defendant had "used more force than necessary under the circumstances" and that "there were other alternatives available to him." Showing retaliation is only one of multiple ways the Commonwealth can disprove a claim of self-defense, and it was not the one relied upon by the Commonwealth in this case. In announcing his finding, the judge stated that the Commonwealth had proved its case beyond a reasonable doubt and that the defendant "did not act in self-defense." Contrary to the defendant's representation, the judge did not find that the defendant acted in retaliation.
Judgment affirmed.
The victim did not testify at the trial, having invoked her privilege against self-incrimination.
The victim was five feet one inch tall and weighed 105 pounds. The defendant was over six feet tall and weighed 200 pounds.
The defendant testified that there was a struggle over a remote control and that the victim bit his lip when he reached to grab for the remote. He testified that the victim was "coming towards" him and that he was "gonna fucking stand his ground," so he pushed her away.
The Commonwealth must prove one of the following beyond a reasonable doubt: that the defendant (1) did not reasonably believe he was being attacked or immediately about to be attacked, and that his safety was in immediate danger; or (2) did not do everything reasonable in the circumstances to avoid physical combat before resorting to force; or (3) used more force to defend himself than was reasonably necessary in the circumstances. See Commonwealth v. King,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.