Commonwealth v. Malik A. Koval., 23-P-1252

Malik Koval was convicted after a jury-waived trial of multiple counts, including armed assault with intent to murder two police officers, possession of firearms/ammunition without a license or FID card, assault and battery on police officers, and disturbing the peace.
The incident began with police responding to reports that Koval was throwing bottles in the street; a confrontation escalated after officers attempted to frisk Koval, who became agitated, ran, and was pursued by police.
Koval retreated into his house, armed himself, and fired a gun at the pursuing officers, injuring one in the chest and the other with a grazing head wound; the officers returned fire and apprehended Koval.
After being shot and while hospitalized, Koval admitted to police that he ran, grabbed a gun, and shot at officers after seeing his mother pushed during the altercation.
At trial and on appeal, Koval challenged the sufficiency of the evidence for specific charges, chiefly arguing for self-defense, lack of specific intent, and lack of proof that he shot one of the officers.
The court affirmed convictions on most counts but reversed convictions for possession of a loaded firearm without a license and for ammunition possession due to insufficient evidence that Koval possessed these outside his residence or had constructive possession of the ammunition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether self-defense justified armed assault with intent to murder and related charges	Commonwealth: Defendant's actions not justified or excused; Commonwealth proved malice and lack of self-defense	Koval: Actions justified as self-defense against police	Self-defense not established; convictions affirmed
Sufficiency of evidence that Koval shot Moore	Commonwealth: Evidence supports Koval shot Moore	Koval: Evidence equally supports that Moore was shot by another officer	Sufficient evidence Koval shot Moore; conviction affirmed
Conviction for possession of a loaded firearm outside residence	Commonwealth: Defendant outside the house with gun	Koval: Did not travel beyond front lawn, within residence's curtilage	Evidence insufficient; conviction reversed
Conviction for unlicensed possession of ammunition	Commonwealth: Ammunition in house linked to Koval	Koval: No evidence he exercised control over ammunition in shared home	Evidence insufficient; conviction reversed

Commonwealth v. Buttimer, 482 Mass. 754 (standard for viewing evidence in light most favorable to Commonwealth in sufficiency review)
Commonwealth v. Grassie, 476 Mass. 202 (requirements and standards for deadly force self-defense claim)
Commonwealth v. Pike, 428 Mass. 393 (parameters for use of deadly force in response to perceived threat)
Commonwealth v. McCollum, 79 Mass. App. Ct. 239 (elements of possessing a loaded firearm outside one’s residence)
Commonwealth v. Coren, 437 Mass. 723 (defining "residence" for purposes of firearm possession statute)
Commonwealth v. Tiscione, 482 Mass. 485 (requirements for constructive possession)