Commonwealth v. Lopez
80 Mass. App. Ct. 390
| Mass. App. Ct. | 2011Background
- Indictments for unarmed robbery and first-degree murder under felony-murder theory; grand jury moved to dismiss murder indictments for insufficiency; trial court granted dismissal and Commonwealth appealed.
- Evidence before the grand jury, viewed in the Commonwealth’s favor, showed Lopez punched Nguyen at 230 Osgood Street after a delivery setup, took $125, and Ramos stood nearby with the bag during the robbery.
- Nguyen died from head trauma fifteen hours after the attack; Lopez later claimed the punch was for basic needs, and Ramos denied prior knowledge of Lopez’s plan.
- Lopez was indicted as principal for first-degree murder based on felony-murder (unarmed robbery), with a theory of conscious disregard for life.
- Ramos was indicted as a joint venturer; the grand jury heard Lopez’s statements and Ramos’s post-attack conduct, but lacked evidence Ramos knew of a plan or intended a life-threatening attack.
- The appellate court reversed Lopez’s murder indictment only to the extent it found sufficient evidence, and affirmed dismissal of Ramos’s murder indictment on joint-venturer theory, remanding for further proceedings on Lopez.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to indict Lopez for murder (felony-murder) | Lopez’s downwards, dangerous punch showed conscious disregard. | A single punch with no prior planning cannot support murder. | Indictment supported for Lopez on conscious-disregard theory. |
| Sufficiency to indict Ramos for murder (joint venture) | Ramos knew or participated in the deadly plan. | No evidence Ramos preplanned or knew Lopez’s lethal intent; bystander at time of attack. | Indictment insufficient for Ramos as joint venturer. |
| Disposition of the indictments on appeal | Commonwealth should prevail on both indictments. | Court should dismiss both or remand for proper proceedings. | Reverse in part as to Lopez; affirm as to Ramos; remand for further proceedings on Lopez. |
Key Cases Cited
- Commonwealth v. Levesque, 436 Mass. 443 (2002) (standard for reviewing grand-jury evidence; light most favorable to Commonwealth)
- Commonwealth v. McCarthy, 385 Mass. 160 (1982) (grand jury must show identity and probable cause to arrest)
- Commonwealth v. Moran, 453 Mass. 880 (2009) (probable cause standard vs. guilt beyond reasonable doubt)
- Commonwealth v. O’Dell, 392 Mass. 445 (1984) (probable cause is less exacting than guilt)
- Commonwealth v. Riley, 73 Mass. App. Ct. 721 (2009) (grand-jury sufficiency; distinctions between grand and petit jury)
- Commonwealth v. Scott, 428 Mass. 362 (1998) (felony-murder: conscious disregard; dangerousness of felony)
- Commonwealth v. Cook, 419 Mass. 192 (1994) (felony-murder: conscious disregard required; dangerousness of conduct)
- Commonwealth v. Mahnke, 368 Mass. 662 (1975) (single punch ordinarily not murder; context matters)
- Commonwealth v. Garner, 59 Mass. App. Ct. 350 (2003) (case-by-case analysis of felony context for conscious disregard)
- Commonwealth v. Hadley, 78 Mass. App. Ct. 405 (2010) (downward blow from elevated position; sucker punch inference)