Heard: March 1, 2017
received and sworn to in the Springfield Division of the
District Court Department on December 2, 2013.
pretrial motion to suppress evidence was heard by Robert A.
Gordon, J., and the case was tried before Charles W. Groce,
William M. Driscoll for the defendant.
A. Baran, Assistant District Attorney, for the Commonwealth.
Present: Green, Wolohojian, & Sullivan, JJ.
defendant, Juan G. Suriel, appeals from his convictions of
possession of a firearm without a license in violation of G.
L. c. 269, § 10 (a.), and possession of ammunition
without a firearm identification card in violation of G. L.
c. 269, § 10(h) (1) - He contends that his motion to suppress
should have been allowed because the police lacked reasonable
suspicion to conduct an investigatory stop. We affirm.
recite the motion judge's factual findings, supplemented
by uncontroverted evidence in the record that is consistent
with those findings. See Commonwealth v.
Edwards, 476 Mass. 341, 342 (2017). On November 30,
2013, at about 5:30 P..M., a police officer from the
narcotics division of the Springfield police department was
surveilling a local barbershop. The narcotics officer was
parked across the street from the barbershop, in the parking
lot of Springfield Technical Community College on State
Street. At around 6:20 P..M., the narcotics officer saw two
men go into the barbershop. A short time later, another man,
later identified as codefendant Glidden Gotay, went into the
barbershop holding a blue bag. The three men were talking by
the front door and a fourth man, later identified as the
defendant, joined the conversation. The men then went into a
back area of the barbershop, out of sight of the narcotics
officer. Within a short period of time, the four men came out
of the barbershop, walked about ten to fifteen feet down the
driveway next to the barbershop, and began to
talk.Another man, later identified as
codefendant Jose L. Vicente, remained at the head of the
driveway near the street and sidewalk. The narcotics officer
then saw Gotay hand a gun to one of the two men, who handed
it back to Gotay. Gotay next handed the gun to the defendant.
The defendant then put the gun inside his jacket. The entire
transaction took a matter of seconds.
then went their separate ways in separate cars. The defendant
drove away in a car (a Saturn), operated by Vicente. While
observing the meet-up, the narcotics officer had given
support officers a running description of what he saw,
including the make, model, color, and license plate of the
support officers spotted the Saturn, they pulled in front of
it, positioning the unmarked cruiser so that the Saturn had
to stop. When one of the support officers approached the
Saturn, he noticed the defendant "looking down to his
right, and gesturing feverishly to the right side of his seat
with his arm." That officer shouted for the defendant to
show his hands. The defendant made eye contact with the
officer, while still reaching down to the right side. The
support officer continued to approach the Saturn and, with
the help of another support officer, "extracted"
the defendant from the car. A search of the Saturn revealed a
.22 caliber Smith & Wesson firearm in the passenger side
compartment and a magazine on the passenger side floorboard.