Capt. John Greland at C-6 reports on an incident around 3 p.m. yesterday at the South Bay Home Depot: A "very drunk" Quincy man wheeled a couple of air conditioners out of the store without paying for them, managed to slam them into a car in the parking lot, then started running when a bystander started chasing him - until he remembered he had a knife, which he pulled out. But by then, police had arrived on scene. They disarmed him and took him down to C-6 for some booking action.
Click on the link if you want to see some serious BPD emoji action.
The Supreme Judicial Court today overturned the first-degree murder conviction of a man a jury said shared the guilt for the two men shot to death at Ka-Carlos even though he did not pull the trigger.
The state's highest court said that Sandro Tavares deserved a new trial because the judge left jurors with the incorrect impression that if they convicted Emmanuel Pina, whom prosecutors said fired the gun, of first-degree murder, they also had to convict Tavares of the same offense, under the "joint venture" theory.
In their ruling, the justices acknowledged prosecutors made a strong case that Tavares was as much to blame as Pina - whose own appeal has yet to come before the court - for the deaths of a man with whom the two had argued and a cook who had nothing to do with the dispute. Tavares was the one who started the argument inside the restaurant - when he loudly asked somebody what he was doing hanging with the wrong crowd - then left and returned with a gun with which he threatened one of the victims, before handing it over to Pina, who ran after the victim, shooting him repeatedly until he fell, dead.
However, the court continued, enough of the evidence was vague enough that a jury could have concluded that while Tavares started things, he didn't intend to kill the intended victim, let along the cook, which would have made him guilty of a lesser offense than the man who did fire the bullets.
[M]uch of the defendant's handling of the gun occurred out of view of the surveillance cameras, and the nature of the events that were not captured on camera was in dispute. For example, the jury could have found that the defendant never tried to "rack" the gun and, instead, simply pointed the gun at Eason and then backed away.
The jury also could have found that Pina grabbed the gun unexpectedly from the defendant, and that the defendant did not know Pina would take the gun or that he would fire it.
Had the jury reached these conclusions, they might have also believed, as the defendant now suggests, that the defendant's actions of returning to the area outside of the bar and pointing the gun at Eason were meant only to scare or intimidate him, and not to kill him.
The court noted that Tavares's lawyer failed to ask the judge to include the concept of involuntary manslaughter in her charge to the jury. By itself, that might not have been enough to overturn the verdict, except, the court said, when coupled with what happened when the jury then asked the judge: "If person A aids and abets person B, does the degree of charge of person B affect the degree of charge of person A?"
The judge basically said yes, it does, but the justices said that would have been the wrong answer if the jury had already decided to convict Pina of first-degree murder and was trying to come to a decision on Tavares and thought he might not be as culpable as Pina. Since the judge had no way of knowing what the jurors had done, that was the wrong answer, they reasoned, and shows why the judge should have included a discussion of the lesser charge of involuntary manslaughter in her charge to the jury.
But since she didn't, her answer may have left the jury no choice but to convict Pina on a charge with a sentence of life without parole, the SJC said And that, the justices concluded, "created a substantial likelihood of a miscarriage of justice" that calls for a new trial.
Boston Police report three men walking in the area of the Tynan School were attacked and beaten by a group of eight to ten white teens, many in white tank tops, at Emerson and K streets around 11:30 p.m. on Saturday. Read more.
I'm very pleased to introduce Shelagh Dolan, who will be interning for UHub this summer. One of her main assignments will be covering the Olympics. She's fluent in Spanish, so we've already mapped out a couple of long-term assignments involving the city's Hispanic communities, but if you have any suggestions for stories touching those communities that are going uncovered, let us know!
As a grumpy old editor, naturally the very first thing I had her do was compose her own bio:
Shelagh (shay-luh) Dolan is an exceptionally Irish grad student pursuing a master's degree in Professional Writing for New Media at Regis College in Weston, Ma.
Dolan graduated from Providence College in 2012, earning a B.A. in Spanish with a minor in Writing. She did the Corporate America thing in the Back Bay for two years before enrolling in graduate school to pursue her passion for writing.
Originally from Westford, MA, Dolan is an active member of the volleyball community, competing and coaching in greater Boston at the high school and collegiate levels year-round.
Dolan loves cats, concerts and coffee. She was at the Red Sox game when Jason Varitek punched A-Rod in the face and wishes she could have live-tweeted it. Follow her on Twitter for stories and general social commentary.
An annoyed citizen fumes about a pedicab driver cursing out people on Washington Street in Downtown Crossing yesterday afternoon:
One of the people he threatened was the driver of an ambulance, who he refused to pull over for, so they could go to an emergency. They had their lights and sirens on, and he screamed at them that he was going to "F**k them up if they did not get off his a**." He also made inappropriate gestures at them and others. There were children around that witnessed him doing this as well. He continued to block the path of the ambulance, and ran a red light in the process. Please attend to this matter. We have enough people that break traffic laws in the city. We don't need the pedicabs to start doing it as well.