Commonwealth v. BealAnnotate this Case
The defendant was convicted of unlawful possession of a firearm, G. L. c. 269, sect. 10(a); unlawful possession of ammunition, G. L. c. 269, sect. 10(h); carrying a loaded firearm, G. L. c. 269, sect. 10(n); assault and battery by means of a dangerous weapon causing serious bodily injury, G. L. c. 265, sect. 15A; and two counts of assault by means of a dangerous weapon, G. L. c. 265,sect. 15B(b), stemming from a shooting at a 2008 Dorchester, Boston cookout. The jury separately found that defendant previously had been convicted of two violent crimes and was subject to enhanced penalties under the armed career criminal act, G. L. c. 269, sect. 10G (ACCA). The Massachusetts Supreme Judicial Court reversed in part, expressing "serious doubt" whether the jury impermissibly based the convictions of the greater and lesser included offenses on the same act, and concluding that the conviction of assault by means of a dangerous weapon must be vacated. The court also vacated the ACCA conviction, finding its residual clause invalid, that assault and battery is not categorically a "violent crime," and assault and battery upon a public employee does not qualify as a "violent crime" under the force clause. The court otherwise affirmed.