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Commonwealth v. Louis

Appeals Court of Massachusetts, Middlesex

November 6, 2018

COMMONWEALTH
v.
EMMANUEL LOUIS.

          Heard: July 9, 2018.

         Indictments found and returned in the Superior Court Department on September 13, 2016.

         The cases were heard by Thomas P. Billings, J.

          Alexandra H. Deal for the defendant.

          Jamie M. Charles, Assistant District Attorney, for the Commonwealth.

          Present: Blake, Sacks, & Ditkoff, JJ.

          DITKOFF, J.

         The defendant, Emmanuel Louis, appeals from his convictions following a jury-waived trial of armed assault with the intent to murder, G. L. c. 265, § 18 (b); armed assault in a dwelling, G. L. c. 265, § 18A; aggravated assault and battery by means of a dangerous weapon, G. L. c. 265, § 15A (c) (i); and assault and battery by means of a dangerous weapon on a person sixty years or older, G. L. c. 265, § 15A (a.) . We conclude that the evidence that the defendant swung his arm while holding a knife, knowing that the primary victim's mother was in close proximity, was sufficient to establish a reckless assault and battery on the mother. Further concluding that the trial judge could have rationally found that the defendant was armed at the time he entered the primary victim's house, we affirm.

         1. Background.

         The defendant's wife was living in the victim's home in Waltham, and the victim had forbidden the defendant to come to the house. The defendant told his wife that he believed that the victim was "trying to destroy his relationship."

         One morning, the defendant's wife and the victim saw the defendant outside the victim's house, in front of a sliding glass door. The defendant's hand was raised above his head in a fist, and he was apparently grasping an object. The defendant entered through the sliding glass door, tripped and fell to the floor, stood up, and then began stabbing the victim. Although the victim could not see what the defendant was holding, she testified that he used the object that was in his hand to stab her.

         While the defendant was stabbing the victim, the victim's eighty-two year old mother attempted to intervene by grabbing the defendant's shoulder. In response, the defendant stepped away from the victim and swung his arm. The victim's mother suffered a deep cut to the palm of her hand. The defendant said, "Hey, Grandma, stay away," and fled. Both the victim and her mother required medical care and were brought to the hospital. The victim suffered thirty-one stab wounds and was hospitalized for ten days. The victim's mother required stitches to her hand.

         After being arrested, the defendant "continuously mumbled about what did you expect me to do, she was trying to break up my family." The defendant later left a recorded message with his family in which he stated that he "just made an example out of" the victim, and that he "did it because [the victim] must never think that she could do that again."

         2. Standa ...


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