October 1, 2015.
Suffolk. Indictment found and returned in the Superior Court
Department on April 15, 2011.
case was tried before Thomas A. Connors, J.
Cypher, Milkey, & Massing, JJ.
N.E.3d 488] Cypher, J.
defendant, Timothy Shruhan, appeals from his conviction by a
Superior Court jury on August 24, 2012, of aggravated assault
and battery by means of a dangerous weapon, G. L. c. 265,
§ 15A( c ). Now, with new counsel, he seeks a
new trial, alleging that cumulative errors in the [48 N.E.3d
489] admission of inflammatory evidence and that the
prosecutor's appeals to the jury's
emotions created a substantial risk of a miscarriage of
justice. We affirm.
afternoon of September 11, 2006, Timothy Cahill stopped at
The Quencher Tavern (Quencher), a neighborhood bar near a
community center where he worked in the South Boston section
of Boston. He met his father briefly and ordered a
cheeseburger to go. While he was walking on I Street back to
work, a man he did not know, later identified as the
defendant, rushed out of the driver's seat of a nearby
parked automobile, yelling, " Hey, Joey." The
defendant, mistaking Cahill for a South Boston man (Joe
Pano), apparently aimed to settle a score over a stolen item.
He stabbed Cahill in the abdomen, causing life-threatening
injuries. Both " kind of stumbled" and the victim,
who was immediately aware that he had been stabbed, put one
hand on his wound and ran to the Quencher. More than once, he
exclaimed, " I'm not Joey."
defendant gave chase but soon quit and ran back to the car,
still occupied by his companion, Robert Glavin. The defendant
drove off but not before a passerby, Jessica Bianco, had
memorized the car's license plate number. Upon reaching
her home on East Sixth Street, Bianco telephoned the police
and passed on her observations. She had noticed an Infiniti
emblem on the rear of the car and described it as silver in
color and bearing Massachusetts license plate number 65VB42.
restaurant, several patrons and friends attempted to stop the
bleeding from the stab wound and called for emergency
assistance. Extraordinary measures implemented by
an off-duty Boston firefighter, Frederick Finn, and the quick
assistance of others in the restaurant saved Cahill's
life. Cahill was soon transported to the Boston Medical
Center (BMC). Dr. Peter Burke, one of a team of physicians
who performed emergency surgery on Cahill, testified as to
the extensive injuries and complications that he had
sustained. Cahill required several surgeries and some four
months to recover.
only the information on the attacker's misidentification
of Cahill as Joey Pano, and no witnesses or any physical
evidence at the scene, the police were unable to find the car
or determine the
identity of the attacker until 2009, after the car had been
located and their investigation led them to the defendant,
Robert Glavin, and other acquaintances of the
McIntyre testified that on the afternoon of September 11,
2006, the defendant and Glavin left her house in the
midafternoon [48 N.E.3d 490] and returned after 3:30 p.m. She
observed that they " were very sweaty and very
shaky" upon their return. McIntyre overheard the
defendant say ...