Commonwealth v. GomesAnnotate this Case
The Supreme Court reversed Defendant's conviction of indecent assault and battery on a child under the age of fourteen, holding that because there was no evidence that Defendant was acting in his professional capacity when he committed the offense, the judge erred in denying Defendant's motion for a required finding of not guilty.
During the time of his offense, Defendant was a police officer in a K-9 unit and was trained as a mandated reporter but was in plain clothes when he assaulted the victim. At the close of the Commonwealth's case, Defendant unsuccessfully moved for a required finding of not guilty. After he was convicted, Defendant appealed, arguing that the Commonwealth did not meet its burden to establish each element of the offense charged. The Supreme Court agreed, holding that because the Commonwealth presented no evidence to suggest that Defendant was acting in his capacity as a police officer at the time of the crime, the judge should have allowed Defendant's motion for a required finding of not guilty. The Court then remanded the matter for entry of a judgment of guilty of the lesser included offense of indecent assault and battery on a child under the age of fourteen.