Commonwealth v. Fantauzzi
AC 15-P-574
| Mass. App. Ct. | Mar 21, 2017Background
- Defendant Miguel Fantauzzi sold drugs; met victim Powell in victim's SUV. Shots were fired; Powell died of a chest wound. Defendant also convicted of unlicensed firearm possession.
- Defendant testified he was threatened inside the SUV (knife at throat, stun gun displayed) and fired in self-defense after being attacked during a drug transaction gone wrong.
- Commonwealth prosecuted on two theories of second-degree murder: traditional second-degree murder (including self-defense issue) and second-degree felony-murder with predicate felony unlawful possession of a firearm.
- Trial judge instructed jurors that self-defense did not apply to the felony-murder theory and that felony-murder could be reduced to voluntary manslaughter without considering self-defense; jurors later asked for clarification and judge confirmed this position.
- Jury convicted the defendant of voluntary manslaughter (lesser included), without indicating whether conviction stemmed from mitigation of traditional murder or reduction of felony-murder.
- On appeal, defendant argued the judge erred by failing to give a self-defense instruction as to felony-murder and by allowing reduction of felony-murder to manslaughter without considering self-defense; the Appeals Court found reversible error.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Fantauzzi) | Held |
|---|---|---|---|
| Whether self-defense is unavailable as a defense to felony-murder generally | Model Instructions and precedent hold self-defense inapplicable to felony-murder because underlying felonies typically mark defendant as initiating aggressor | Self-defense can apply where defendant was not the initiator and the predicate felony (unlawful possession) is not inherently dangerous | Court: General rule not absolute; where defendant is not the initiator and felony is not inherently dangerous, self-defense instruction should be given |
| Whether judge may instruct that felony-murder can be reduced to voluntary manslaughter without considering self-defense | The Commonwealth maintained manslaughter was a lesser-included of traditional murder and, per model, self-defense not a defense to felony-murder | Defendant argued reduction of felony-murder to manslaughter without self-defense improperly eliminates his primary defense and was inconsistent with the need to prove conscious disregard for life | Court: It was error to tell jury they could reduce felony-murder to manslaughter without considering self-defense in these circumstances |
| Whether defendant was entitled to self-defense instruction as to felony-murder given the evidence | Commonwealth pointed to defendant bringing a gun to the meeting and asserted risks; relied on precedents where initiators could not claim self-defense | Defendant pointed to testimony that victim/third party threatened him with a knife and stun gun and that he only fired after being attacked | Court: Evidence was sufficient to warrant self-defense instruction as to felony-murder; trial court should have given it |
| Whether instructional error was harmless | Commonwealth argued error harmless because jury also had correct self-defense instruction as to traditional murder and might have relied on that theory | Defendant argued primary defense was self-defense and jury verdict could have rested on flawed felony-murder reduction without considering self-defense | Court: Error was prejudicial because jury did not specify the theory supporting conviction; reversal required |
Key Cases Cited
- Commonwealth v. Griffith, 404 Mass. 256 (establishes rule that self-defense ordinarily inapplicable where defendant provoked or initiated assault)
- Commonwealth v. Smith, 459 Mass. 538 (applies rule that self-defense is inapplicable to felony-murder in cases where defendant was initiating aggressor)
- Commonwealth v. Rogers, 459 Mass. 249 (recognizes circumstances where self-defense instruction may be appropriate despite underlying felony)
- Commonwealth v. Matchett, 386 Mass. 492 (discusses inherently dangerous felonies and conscious disregard standard for felony-murder)
- Commonwealth v. Moran, 387 Mass. 644 (addresses conscious disregard requirement for non-inherently dangerous predicate felonies)
- Commonwealth v. Pike, 428 Mass. 393 (defendant entitled to self-defense instruction when evidence permits reasonable doubt about prerequisites)
- Commonwealth v. Wadlington, 467 Mass. 192 (on inherently dangerous felony instruction)
- Commonwealth v. Garner, 59 Mass. App. Ct. 350 (example where unlawful possession predicate led to self-defense instruction)