175 Conn. App. 409
Conn. App. Ct.2017Background
- Victim (Luis Torres) bought 100 bags of heroin and was later confronted behind the 24 Hour Store in Hartford; he was beaten by a group and shot in the back, resulting in paralysis.
- Defendant James Raynor (nicknamed "Ape") was alleged to be an MGB gang enforcer who policed drug selling on Bedford/Albany and was seen near the victim holding a gun; witnesses reported he said he would "handle" the dealer and later said he "had to make an example of him."
- Multiple eyewitnesses placed MGB members at the scene; one (Jerk) fired the fatal shot. Cell‑phone, ballistics, and post‑incident statements linked Raynor to gang activity and another later shooting (the Carter shooting) using the same gun.
- Raynor was charged with accessory to assault in the first degree (53a‑59(a)(5) & 53a‑8) and conspiracy to commit assault in the first degree (53a‑48 & 53a‑59(a)(5)); the jury convicted on both counts and sentenced him to 37 years plus special parole.
- At trial the court admitted uncharged misconduct evidence about MGB’s drug‑turf enforcement and the Carter shooting (sanitized to exclude Carter’s death) as proof of motive and intent; Raynor raised objections but did not preserve all relevance grounds.
- Raynor also objected on appeal that the prosecutor’s peremptory excuse of a venireperson (R.E.) violated Batson; the appellate court found the record inadequate to review that claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: accessory to assault (first degree) | State: circumstantial evidence (presence, armed, participation in beating, statements, gang role) permits inference Raynor intentionally aided shooting | Raynor: at best mere presence; no direct evidence he ordered, encouraged, or furnished the gun | Affirmed — cumulative circumstantial evidence allowed jury to find Raynor intentionally aided the shooter and had intent to cause injury by firearm |
| Sufficiency: conspiracy to commit assault (first degree) | State: motive as enforcer, coordination (arriving together, rendezvous after), cell/ballistics linking later shooting, planning inferences support agreement and intent | Raynor: no proof of agreement, long gap between his comment and shooting, other leaders could have conspired | Affirmed — evidence supported inference of agreement, overt acts, and intent that a co‑conspirator use a firearm |
| Admission of uncharged misconduct (drug turf evidence & Carter shooting) | State: evidence probative of motive, intent, authority; Carter ballistics and call logs particularly probative; court sanitized and instructed jury | Raynor: evidence irrelevant or overly prejudicial; Carter facts dissimilar and inflammatory; insufficient notice/preparation | Affirmed — drug evidence claim unpreserved; Carter evidence admissible after balancing, with sanitization and limiting instructions; no abuse of discretion |
| Batson challenge to peremptory strike of venireperson R.E. | Raynor: prosecutor’s race‑neutral reason (employment) was pretext; accepting other similar jurors shows disparate treatment | State: record inadequate; prosecutor gave race‑neutral reason (employment); court noted juror’s race not same as defendant; acceptance of cited jurors not shown to be similarly situated | Not reviewable on record — claim unpreserved and transcript lacks necessary information (racial composition, comparators) to evaluate Batson |
Key Cases Cited
- State v. Bennett, 307 Conn. 758 (Conn. 2013) (discusses accessorial liability and use of circumstantial evidence for intent)
- State v. Chemlen, 165 Conn. App. 791 (Conn. App. 2016) (standard for sufficiency review in criminal cases)
- State v. Grant, 149 Conn. App. 41 (Conn. App. 2014) (deference to jury credibility determinations)
- State v. Hopkins, 25 Conn. App. 565 (Conn. App. 1991) (accessory statute provides alternative theory of liability)
- State v. Diaz, 237 Conn. 518 (Conn. 1996) (principals/accessories treated as principals)
- State v. Sargeant, 288 Conn. 673 (Conn. 2008) (requirement of criminal intent and community of unlawful purpose for accomplice liability)
- State v. Vessichio, 197 Conn. 644 (Conn. 1985) (conspiracy may be inferred from coordinated conduct and post‑offense arrangements)
- State v. Allen, 289 Conn. 550 (Conn. 2008) (jury may reconcile conflicting testimony reasonably)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibits race‑based use of peremptory challenges)