Heard: July 9, 2018.
found and returned in the Superior Court Department on
September 13, 2016.
cases were heard by Thomas P. Billings, J.
Alexandra H. Deal for the defendant.
M. Charles, Assistant District Attorney, for the
Present: Blake, Sacks, & Ditkoff, JJ.
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.
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
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.
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.
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."