Appeals Court Orders Reversal of Gun Conviction

Attorney Veronica J White represented Mr. Doe at Suffolk Superior Court for a jury trial. Mr.  Doe was charged with:

• assault and battery with a dangerous weapon,
• causing serious bodily injury,
• assault and battery with a firearm,
• carrying a loaded firearm without a license, and
• carrying a firearm without a license.

The District Attorney argued that Mr. Doe engaged in a joint venture with his co-defendant, firing shots at the victim and causing a gunshot injury to his leg. They further argued that Mr. Doe also engaged in a joint venture with the co-defendant. The co-defendant was accused  of tossing a loaded firearm on the rooftop of Blanchard's liquor store in Brighton. After this as partially captured on camera, Mr. Doe was observed driving the co-defendant away from crime scene.

Attorney White argued that while the facts may show that Mr. Doe was an accessory after the fact, this was not enough for the judge to find for Commonwealth under a theory of joint venture.

Attorney White proposed a new set of joint venture instructions, and filed a motion for a required finding of not guilty.

The jury at the trial acquitted Mr. Doe on the shooting after a vigorous defense by Attorney White. However, the  jury also convicted Mr. Doe on the charge of carrying a firearm without a license.

Attorney White then filed a motion to stay the execution of sentence to allow Mr. Doe to remain out of jail during the appeal.

The Massachusetts Appeals Court reversed the jury's conviction on possession of firearm, agreeing with Attorney White's argument that the facts were insufficient to show joint venture. 

White & Associates PC extends their great appreciation to Attorney Thomas Frothingham who handled the Appeal in this case on behalf of Mr. Doe.