Commonwealth v. Felix
476 Mass. 750
| Mass. | 2017Background
- Natalio Felix strangled his wife, Janice Santos, at their Worcester home on June 8, 2011; she died of ligature asphyxia with injuries indicating prolonged force.
- Felix entered the home early that morning, locked the master bedroom, his children heard a struggle, he emerged, drove the children to school, attempted suicide twice, then went to the police station and confessed.
- Evidence included Felix’s recorded police interviews and trial testimony in which he repeatedly said he "snapped" or "blacked out," sometimes asserting the victim lunged and punched him first.
- Felix was indicted for murder, tried on theories of deliberate premeditation and extreme atrocity or cruelty; the judge declined to instruct the jury on voluntary or involuntary manslaughter; jury convicted of first-degree murder (premeditation); sentence life without parole.
- Felix moved for a new trial claiming ineffective assistance for failure to secure manslaughter instructions; the trial judge denied the motion; Felix appealed and sought relief under G. L. c. 278, § 33E.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Felix) | Held |
|---|---|---|---|
| Whether jury should have been instructed on voluntary manslaughter (heat of passion / provocation) | No instruction warranted because evidence did not show objective reasonable provocation or sudden combat | Trial counsel ineffective for not requesting; evidence (his testimony that he "snapped") entitled him to instruction | Denied — objective evidence of provocation was weak and prolonged ligature strangulation supported deliberate premeditation; any error was not likely to have influenced jury |
| Whether jury should have been instructed on involuntary manslaughter (wanton/reckless conduct or non-felony battery) | Not warranted because the force used (prolonged ligature strangulation) created a plain and strong likelihood of death | Requested instruction based on theory of non‑felonious battery; argued jury could find unintentional death from less culpable conduct | Denied — medical evidence showed prolonged, forceful strangulation; no reasonable jury view supported involuntary manslaughter |
| Whether instruction on deliberate premeditation must include requirement of "cool reflection" | Model instruction adequate; no additional "cool reflection" language required | Absence of explicit "cool reflection" language created substantial likelihood of miscarriage of justice | Denied — judge properly used model instruction; "cool reflection" language not required |
| Whether appellate court should exercise power under G. L. c. 278, § 33E to reduce verdict | Opposed; record supports first-degree finding | Asked for reduction because doubt exists about deliberate premeditation | Denied — after full review court declined to reduce verdict |
Key Cases Cited
- Commonwealth v. Sirois, 437 Mass. 845 (recognizing duty to give manslaughter instruction if any view of evidence supports it)
- Commonwealth v. Acevedo, 446 Mass. 435 (defendant entitled to instruction based on his testimony if jury might accept it)
- Commonwealth v. Walden, 380 Mass. 724 (objective and subjective prongs for heat-of-passion/voluntary manslaughter)
- Commonwealth v. Pierce, 419 Mass. 28 (objective-provocation requirement reiterated)
- Commonwealth v. Bianchi, 435 Mass. 316 (provocation instruction inappropriate where defendant was far stronger and used a weapon/excessive force)
- Commonwealth v. Garabedian, 399 Mass. 304 (strangulation supports deliberate premeditation despite initial peaceful intent)
- Commonwealth v. Vargas, 475 Mass. 338 (example where verdict reduced to voluntary manslaughter when jury rejected premeditation)
- Commonwealth v. Wright, 411 Mass. 678 (standard for assessing whether omission of instruction likely influenced jury)
- Commonwealth v. Degro, 432 Mass. 319 (standard for involuntary manslaughter: wanton/reckless or battery)
- Commonwealth v. Linton, 456 Mass. 534 (prolonged forceful strangulation precludes involuntary manslaughter instruction)
- Commonwealth v. LeClair, 429 Mass. 313 (no requirement to use the phrase "cool reflection" in defining premeditation)