The Massachusetts Appeals Court ruled last Thursday to uphold the conviction of the Brockton man who killed a woman in a fatal car crash and injured nearly 8 others. In its decision, the court stated that the defendant should have known he was creating a strong likelihood of death of another person based on his mere actions; he led the police on a high-speed chase during rush hour through a busy area of town, and committed multiple major traffic infractions before ultimately running the red light at the intersection where Marianne Kotsipoulos was killed. The judge concluded the evidence was sufficient to prove a third prong theory of malice and therefore upheld the second degree murder conviction.
Following his conviction of second degree murder in 2014, Antwoin Moore moved to reduce the second degree murder verdict to a lesser offense, citing that the Commonwealth failed to prove the third prong of malice.
At the time of the incident, detectives of the Brockton Police Department were conducting a narcotics investigation, when they noticed a Chevrolet Trailblazer fail to stop at a marked stop sign. The detectives activated their blue lights, and the driver of the Trailblazer later identified as Antwoin Moore, fled the area; officers noting that the car was swerving in and out of lanes at a high rate of speed. The chase ultimately led to a major car accident at a Brockton intersection, where Marianne Kotsipoulos was killed as a result.
Moore was indicted on charges of second degree murder and manslaughter among other lesser offenses. The jury returned guilty verdicts on both of these charges, and the judge issued a sentence of life in prison on the conviction of murder in the second degree. Second degree murder is defined as unlawful killing with malice; there are three prongs that constitute a malice act. Moore argued that the Commonwealth failed to prove the third prong of malice, arguing that there was insufficient evidence to conclude that a reasonable person, in similar circumstances, would have understood that there was a strong likelihood of death. The defendant concludes that no rational jury could find that he knew his conduct created a strong liklihood of death. To read more about the case visit Mass Legal Resources here.
If you have been involved in a fatal car accident and are nervous about the charges you are facing or have any questions regarding your case, do not hesitate to contact Attorney DelSignore today. Attorney DelSignore will be able to review your case and give his expertise on the accident and what to expect at your next court date.
If you have been charged with motor vehicle homicide, it is important that you understand the charge you are facing; you can read more about motor vehicle homicide here.