Commonwealth v. Jessica Paquette.
23-P-1242
Mass. App. Ct.Apr 14, 2025Background
- Jessica Paquette was convicted in a bench trial of assault and battery by means of a dangerous weapon (ABDW) after reversing her BMW into her fiancé, John Boyce, in a parking lot.
- Detective Michael Mills witnessed the incident: the BMW, driven by Paquette, accelerated in reverse as Boyce approached from behind, striking his hands.
- Paquette admitted seeing Boyce behind the car and that the car impacted his hands, but Boyce testified he was not struck or injured.
- The trial judge found Mills's testimony more credible than Boyce's and convicted Paquette of ABDW; she was found not guilty of assault and battery on a family or household member.
- Paquette appealed, arguing insufficient evidence of intent and improper prosecutorial argument.
Issues
| Issue | Commonwealth's Argument | Paquette's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence for ABDW | Paquette intentionally used the BMW in a dangerous manner, striking Boyce's hands. | Act was accidental or negligent, not intentional or reckless. | Evidence was sufficient to support conviction. |
| Improper Prosecutor's Closing Argument | Prosecutor's statements reflected the evidence and permissible inferences. | Prosecutor misstated facts and argued improper legal theories. | No substantial risk of miscarriage of justice. |
Key Cases Cited
- Commonwealth v. Latimore, 378 Mass. 671 (Mass. 1979) (standard for sufficiency of the evidence in criminal cases)
- Commonwealth v. Cruzado, 73 Mass. App. Ct. 803 (Mass. App. Ct. 2009) (ABDW intent can be shown by use of vehicle in potentially dangerous manner)
- Commonwealth v. Garuti, 23 Mass. App. Ct. 561 (Mass. App. Ct. 1987) (upholding conviction where defendant hit victim with a car in reverse)
- Commonwealth v. Isaiah I., 448 Mass. 334 (Mass. 2007) (credibility assessments are for the trial judge in a bench trial)