Commonwealth v. Soto, 476 Mass. 436

On November 5, 2014, a 17-year-old (Soto) was involved in a shooting that killed one person and seriously injured another.
In April 2015 a Suffolk County grand jury returned five indictments against Soto: first-degree murder and four related nonmurder felony counts (armed assault with intent to murder; assault and battery by means of a dangerous weapon causing serious bodily injury; unlawful possession of a firearm; unlawful possession of a loaded firearm).
Because Soto was 17 at the time of the offense, the Commonwealth indicted under G. L. c. 119, § 74, which bars Juvenile Court jurisdiction for juveniles charged with murder and provides that complaints/indictments for such cases "shall be brought in accordance with the usual course and manner of criminal proceedings."
The Commonwealth moved to join the nonmurder indictments with the murder indictment under Mass. R. Crim. P. 9(a)(1); the defendant moved to dismiss the nonmurder indictments unless they were first filed in Juvenile Court (as delinquency complaints or youthful offender indictments) and then transferred under G. L. c. 211B, § 9(x).
The Superior Court judge denied joinder and granted the defendant’s motion to dismiss the nonmurder indictments. The Commonwealth appealed directly to the SJC.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether nonmurder offenses related to a juvenile's murder indictment must be initiated first in Juvenile Court and transferred to Superior Court	Commonwealth: G. L. c. 119, § 74 permits joinder of murder and properly related nonmurder charges in Superior Court under Mass. R. Crim. P. 9(a)(1)	Soto: Nonmurder charges must be brought first in Juvenile Court (delinquency complaints or youthful offender indictments) and then transferred under G. L. c. 211B, § 9(x) before joinder	Held for Commonwealth: If properly joined under Rule 9(a)(1), related nonmurder charges may be brought and tried in Superior Court without Juvenile Court initiation or transfer
Meaning of the phrase "shall be brought in accordance with the usual course and manner of criminal proceedings" in § 74	Commonwealth: phrase indicates that adult criminal procedures apply when juveniles are charged with murder and related offenses	Soto: phrase cannot mean nonmurder counts must be initiated as adult criminal proceedings where same wording elsewhere applies only to juvenile procedures	Held: Phrase governs applicable procedures (adult criminal procedures) not venue; it does not alter the conclusion that Rule 9(a)(1) governs joinder and venue for related offenses

Chin v. Merriot, 470 Mass. 527 (de novo review of statutory interpretation)
Dalton, 467 Mass. 555 (plain-meaning statutory interpretation)
Boe, 456 Mass. 337 (statutory interpretation principles)
Mogelinski, 466 Mass. 627 (juveniles charged with murder prosecuted in Superior Court)
Brown, 431 Mass. 772 (ordinary meaning rule of construction)
Commissioner of Correction v. Superior Court Dep't of the Trial Court, 446 Mass. 123 (statutory language conclusive of legislative intent)
Commonwealth v. Hanson H., 464 Mass. 807 (juvenile system is primarily rehabilitative)
Commonwealth v. Magnus M., 461 Mass. 459 (juvenile justice purpose)
Commonwealth v. Walczak, 463 Mass. 808 (juveniles indicted for murder must be treated as adults in all respects)
Commonwealth v. Quincy Q., 434 Mass. 859 (joinder of delinquency complaint and youthful offender indictment in Juvenile Court)