October 8, 2019.
N.E.3d 359] COMPLAINT received and sworn to in the Dorchester
Division of the Boston Municipal Court Department on July 20,
2018. The case was tried before Jonathan R. Tynes, J.
M. Fox for the defendant.
Kathryn Sherman, Assistant District Attorney, for the
Massing, Sacks, & Hand, JJ.
evidence that the defendant carried a loaded semiautomatic
pistol in his waistband sufficient, without more, to prove
beyond a reasonable doubt that he knew the pistol was loaded?
Concluding that it is not, we reverse the defendant’s
conviction, after a jury trial, of carrying a loaded firearm
without a license,
G. L. c. 269, � 10(n). We affirm, as supported by sufficient
evidence, his convictions of carrying a firearm without a
license and of trespassing. See G. L. c. 269, �
10(a); G. L. c. 266, � 120.
the evidence in the light most favorable to the Commonwealth,
the jury could have found the following facts. At about 7
P.M. on a July evening in 2018, Boston Police Detective
Ishmael Henriquez and three other detectives were driving
through Dorchester, looking for a young man for whom they had
an arrest warrant. The detectives spotted the man on a
bicycle, accompanied by another young man, later identified
as the defendant, also on a bicycle. The detectives drove to
a spot a few blocks ahead of the men and parked. As the men
approached on their bicycles, Henriquez’s partners got out of
the cruiser and stopped and arrested the man for whom they
had a warrant.
meantime, the defendant, in Henriquez’s words,
"attempted to flee" on his bicycle, steering with
one hand while clutching his waistband with the other.
Based on Henriquez’s training about the characteristics of
armed persons, Henriquez [139 N.E.3d 360] was alert to the
possibility that the defendant was carrying a firearm.
riding past two houses, the defendant attempted to turn onto
a side street but, continuing to steer with only one hand,
lost control and fell off his bicycle. He broke his fall with
one hand, keeping the other on his waistband. Henriquez