Massachusetts Criminal Offense Disorderly Conduct Knife Dangerous Weapon Lawyers Attorneys

COMMONWEALTH vs. DOUGLAS MOLLIGI.

APPEALS COURT OF MASSACHUSETTS

June 4, 2007, Argued

September 10, 2007, Decided

Officer Fenlon was on patrol in a marked cruiser on Central Street in Lowell. At that time, a pedestrian alerted Fenlon that a man was holding a knife down the street. Upon approaching the location, he observed the defendant appeared to be holding a knife in his right hand. Fenlon then approached the defendant, advising him to stop.

The defendant instead ran in front of the cruiser, almost causing Fenlon to hit him, and then across the street and down a nearby street. Fenlon shouted at the defendant to stop, and then pursued him. During the pursuit, Fenlon observed the defendant attempting to put what appeared to be a knife in his pocket. After a short chase, Fenlon exited the cruiser, approached the defendant, and ordered him to put his hands up. The defendant did not obey then he drew his weapon and repeated the order. The defendant surrendered. Fenlon handcuffed the defendant and proceeded to search him. The search revealed a knife in his front right pocket. Defendant was sentenced to a one-year prison term on the weapons charge, and the disorderly conduct conviction was place on file. Defendant sought review of his convictions.

Issue:

Is there sufficient evidence to support a finding of disorderly conduct?

Is there sufficient evidence to support a finding that the defendant was carrying a dangerous weapon?

Under the present circumstances, there is not necessarily a commonality of effect flowing from the alleged error on the disorderly conduct conviction placed on file, such as to affect the conviction of carrying a dangerous weapon, because, as this court note infra, G. L. c. 269, 10(b), requires in relevant part only that the defendant be arrested while committing a breach or disturbance of the public peace. As such, where as here there was no warrant, the Commonwealth needs only prove, at a minimum, that the arrest was valid, or more particularly, that there was beyond a reasonable doubt probable cause to arrest the defendant for a breach or disturbance of the public peace. G. L. c. 269, 10(b). We thus review the evidence relating to the defendant's disorderly conduct conviction only to determine whether the validity of the arrest was proven beyond a reasonable doubt. On the basis of the facts, the defendant's conduct openly carrying a knife on a public street with pedestrian traffic, refusing Officer Fenlon's order, and fleeing across a public street and down a side street created a hazardous or physically offensive condition affecting the public. Moreover, the defendant's carrying of the knife in a public area caused at least one passerby to become apprehensive and Officer Fenlon to become concerned enough to ask the defendant to stop. This evidence supported an inference that the defendant's activity was causing public alarm. Lastly, the defendant's carrying of a knife on a public street and his flight at Officer Fenlon's request support an inference that his actions had no legitimate purpose. His conduct contrasts sharply with those instances where our courts have determined that the defendant did have legitimate purposes for his actions. The witness thus provided sufficient basis for probable cause to arrest.

2) Is there sufficient evidence to support a finding that the defendant was carrying a dangerous weapon?

Here, the weapon was identified as a nine-inch steak knife with a four-inch straight blade. Such a knife, although not specifically enumerated in the statute, falls within the general definition of a dangerous weapon as set out in the case law. Therefore this court concludes that the judge did not err in determining that the steak knife did indeed constitute a dangerous weapon.

This Court affirmed the trial court's judgment.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content

Massachusetts Criminal Offense Disorderly Conduct Knife Dangerous Weapon Lawyers Attorneys

By: Atchuthan Sriskandarajah

POST COMMENT

How a Dallas criminal lawyer can help you Massachusetts Disorderly Conduct Assault Battery Charged Lawyers Attorneys The costs of hiring a Dallas DWI lawyer Acquire the greatest income in retirement by comparing pension companies Finding The right Attorneys & Lawyers in Norwalk, Connecticut Finding the right drunk driving lawyer for you Military Divorce Lawyers In Fredericksburg VA: Military Divorce Lawyers Lynchburg VA:The Marital Residence Millitary Divorce Lawyers Roanoke VA:Marital Residence Military Divorce Lawyers Staunton VA:Marital Residence Stay Informed and Earn Extra Income For Your Retirement! Using An Investing Club is a Beneficial Idea Qualities Desirable in a Criminal Defense Lawyer