 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Commonwealth v. Vaughn11/19/1997
Hampden.
February 7, 1997.
November 19, 1997.
Present: Kass, Greenberg, & Flannery, JJ.
Homicide. Wanton or Reckless Conduct. Practice, Criminal , Instructions to jury, Argument by prosecutor.
Indictment found and returned in the Superior Court Department on October 20, 1993.
The case was tried before Judd J. Carhart, J.
A Superior Court jury convicted the defendant of involuntary manslaughter, possession of heroin, and possession of a hypodermic needle after hearing evidence that the defendant injected Aileen St. Sauveur with heroin and that soon thereafter she died. On appeal, the defendant challenges only the conviction of manslaughter. He argues that there was insufficient evidence that he acted recklessly because the Commonwealth made no factual showing that his conduct "created a high degree of likelihood that substantial harm would result to the victim." Commonwealth v. Flynn, 420 Mass. 810, 815 (1995). He further contends that, even if there were sufficient evidence to support the conviction, he is entitled to a new trial because he was prejudiced by the prosecutor's closing argument, which repeatedly referred to the defendant's failure to seek medical assistance for the victim, and by the judge's refusal to give the defendant's requested instruction that the jury may not base a verdict of manslaughter "on any inaction or failure to act or delay in acting on the part of the defendant." We affirm.
1. The facts.
Viewing the evidence in the light most favorable to the Commonwealth, the jury could have found the following facts.
On September 4, 1993, at approximately 11:00 A.M., the defendant "shot up" a bag of heroin at the home he shared with his mother at 223 Southern Drive in Chicopee. At around 4:30 P.M., the defendant went to the McKinstry Avenue bridge, a place where people were known to "party." Aileen St. Sauveur arrived and spoke with the defendant. They went to his house where she drank wine coolers and he drank beer; they were waiting for his mother to come home so that they could use her car.
When the defendant's mother returned, the defendant drove her car to Holyoke with St. Sauveur, who gave him twenty dollars to purchase heroin. After making the purchase, they returned to the defendant's house and went into his room. The defendant "cooked up" the heroin in a bottle cap. The defendant said he and St. Sauveur agreed to split the heroin since he had driven her to the supplier. He further claimed that St. Sauveur and he had "gotten high" together about four times previously that year.
The defendant said St. Sauveur asked him to help her "shoot up" since she had small veins. She put a belt around her arm and tightened it. With his thumb, the defendant felt for her vein, located it, and injected a syringe filled with half the bag of heroin -- now in liquid form -- into her. After cleaning the needle, the defendant injected himself with the remainder. He cleaned the needle again and put it in a tin can in which he kept his paraphernalia. The needle was later recovered by the police pursuant to the defendant's consent to search his room.
The defendant noticed that St. Sauveur became groggy about five minutes after he injected himself. She passed out on his bed. He tried to wake her up but could not. Before leaving the room, he rolled her onto her stomach so "in case she threw up, she wouldn't choke." The defendant went downstairs for some time and then returned to the bedroom. Although the victim still had a pulse and was breathing, she did not rouse in response to his slapping her. The defendant went back downstairs a
Page 1 2 3 4 5 6 Massachusetts DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|