Commonwealth v. Bolling
462 Mass. 440
| Mass. | 2012Background
- Bolling convicted of first‑degree murder (premeditation) of Calhoun, second‑degree murder of Turner, armed assault with intent to murder Phillips, and unlawful firearm possession.
- Shootings occurred Aug. 2, 2007, outside Britt’s apartment in Roxbury; Bolling dated Britt who previously dated Calhoun.
- Britt sought $2,200 insurance money; Calhoun harassed Britt; Britt feared Calhoun.
- Britt carried a nine‑mm pistol; Calhoun arrived with others; Britt, Bolling, Calhoun, Turner, and Phillips interacted outside 37 Williams Street.
- Bolling shot Calhoun, Turner; Britt shot Turner; Phillips fled and was wounded; guns later destroyed; Bolling arrested in 2008.
- Trial defense asserted self‑defense/defense of another; conviction affirmed for the two murder counts, but armed assault conviction reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Premeditation sufficiency for first‑degree murder | Gambora standard—sufficient evidence of deliberation | Insufficient time/intent to form plan | Sufficient evidence of premeditation |
| Excessive use of force instruction in self‑defense | Model instructions proper; no error | Instruction misled jury about manslaughter option | No error; instruction not reversible as to first‑degree murder/second‑degree murder; but see related note for other charges |
| Armed assault with intent to murder—knowledge of Britt’s weapon | Joint venture theory required knowledge Britt was armed | Omission of knowledge instruction harmless? or error | Omitted knowledge instruction created substantial risk of miscarriage of justice; reverse as to armed assault with intent to murder (Phillips) |
| Sufficiency of evidence for armed assault with intent to murder (joint venture) | Sufficient to show defendant knowingly participated with intent | Insufficient to show defendant shared intent or knew Britt was armed | Sufficient evidence to support joint venture liability for armed assault with intent to murder Phillips |
Key Cases Cited
- Commonwealth v. Gambora, 457 Mass. 715 (Mass. 2010) (standard for reviewing premeditation evidence in murder cases)
- Commonwealth v. Coleman, 434 Mass. 165 (Mass. 2001) (premeditation requires plan formed after deliberation; no fixed time required)
- Commonwealth v. Caine, 366 Mass. 366 (Mass. 1974) (deliberate premeditation may occur in seconds; no minimum duration)
- Commonwealth v. Whitaker, 460 Mass. 409 (Mass. 2011) (time for deliberation in premiditation cases considered; reasonable inference)
- Commonwealth v. Ruci, 409 Mass. 94 (Mass. 1991) (loading a gun supports inference of premeditation)
- Commonwealth v. Zanetti, 454 Mass. 449 (Mass. 2009) (Zanetti joint venture instruction for weapons cases; knowing participation)
- Commonwealth v. Lopez, 383 Mass. 497 (Mass. 1981) (elements of armed assault with intent to murder; weapon requirement)
- Commonwealth v. Santos, 454 Mass. 770 (Mass. 2009) (excessive force instruction; 'must' vs 'would be justified' distinction analyzed)
- Commonwealth v. LeFave, 430 Mass. 169 (Mass. 1999) (burden of proof and standard of review principles)
- Commonwealth v. Claudio, 418 Mass. 103 (Mass. 1994) (knowledge requirement for joint venture with weapon in defendant's hands)
- Commonwealth v. Lee, 460 Mass. 64 (Mass. 2011) (shared knowledge of weapon among co‑conspirators)
- Commonwealth v. LeFave, 430 Mass. 169 (Mass. 1999) (reiterates standard of review and evidentiary considerations)
- Commonwealth v. Whitaker, 460 Mass. 409 (Mass. 2011) (premeditation time considerations)