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Commonwealth v. Grayson

Appeals Court of Massachusetts, Suffolk

December 20, 2019

COMMONWEALTH
v.
Deshawn W. GRAYSON.

         Argued October 8, 2019.

         [139 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.

         James M. Fox for the defendant.

          Kathryn Sherman, Assistant District Attorney, for the Commonwealth.

         Present: Massing, Sacks, & Hand, JJ.

          OPINION

         SACKS, J.

         Is 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,

Page 749

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.[1] See G. L. c. 269, � 10(a); G. L. c. 266, � 120.

          Background .

         Viewing 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.

         In the meantime, the defendant, in Henriquez’s words, "attempted to flee" on his bicycle, steering with one hand while clutching his waistband[2] 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.

         After 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 ...


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