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So unlike with the first-degree murder charge, Baxter can be retried on these charges after the mistrial, the court ruled. Like the job UHub is doing? Consider a contribution. Help keep Universal Hub going. If you like what we're up to and want to help out, please consider a completely non-deductible contribution. Copyright by Adam Gaffin and by content posters.

Skip to main content. Hey, there! Home » Boston » Dorchester. There was no direct evidence that the defendant intended that the victim be killed. Free tagging:. Michael I. Attachment Size Complete ruling In other Dorchester news Police: Man was speeding down Blue Hill Avenue with a loaded assault rifle, a loaded handgun, a pound of pot and a bunch of counterfeit credit cards.

Man charged with murdering his girlfriend, last seen in Dorchester in Woman who said devil made her set a Dorchester house on fire ruled not competent to answer to charges.

Redeveloping area near South Bay mall could get 90 more apartments. Person stabbed in chest on Dorchester Avenue. On appeal, the defendant maintains that a retrial would violate his right against double jeopardy. Because we agree that there was insufficient evidence that the defendant shared the lethal intent of the shooter required to support a conviction of murder in the first degree on a joint venture theory, we reverse the denial of his motion to dismiss insofar as it concerns this charge.

We remand for further proceedings as to the remaining charges. We review the evidence in the light most favorable to the Commonwealth. See Pinney v. Commonwealth , Mass. Latimore , Mass. The defendant and his two friends, codefendant Dawon Wright and Dakarai Pittman, were training to become personal trainers. On the morning of the shooting, Wright and Pittman attended a training session in an office building in downtown Boston along with their supervisor.

Afterward, Wright and Pittman asked to be dropped off in the Orchard Park neighborhood of the Roxbury section of Boston -- a location the supervisor "associate[d] with" the defendant.

The supervisor dropped off Wright and Pittman on Zeigler Street in that neighborhood at around A. Wright was wearing a red-colored Red Sox jacket with a black hooded sweatshirt underneath, and Pittman was wearing a blue jacket over a grey hooded sweatshirt.

The defendant's girlfriend lived on Zeigler Street. She was the registered owner of a gold Honda Accord, which was parked in her driveway that morning. The car had heavily tinted side windows, a scratch on the front driver's side door, and damage to the front bumper.

The defendant had permission to drive the car. Video footage showed a person matching Pittman's description walking toward the car that morning, and the car leaving the driveway at A. The front driver's side window was partially open, and a person who appeared to be the defendant was driving the car. A person wearing a red article of clothing was visible beside him in the front passenger's seat. At A. Additional video footage showed the victim leaving an apartment building on Howard Avenue at A.

The Accord followed him down Wayland Street, and then went past him and stopped along the curb on the side of the street where he was walking. The car waited about eighteen seconds while the victim walked toward it on the sidewalk. As the victim approached the car, it pulled away from the curb and traveled a short distance on Wayland Street before taking a right turn onto Balfour Street.

About forty-five seconds later, as the victim walked past Balfour Street, a man in a red jacket came from Balfour Street on foot and quickly approached the victim from behind, extending his arms in front of him.

The victim did not appear to be aware that the man was behind him until the man was just a few feet away. The man fired at least six shots at the victim, striking him in the back on the right side of his torso, his left arm, and his right wrist. The shooter fled to Balfour Street, and. He later succumbed to his wounds. Two witnesses, both of whom were residents of Balfour Street, heard the gunshots and looked out their windows.

Both observed two men running from the direction of Wayland Street to a gold car parked on Balfour Street: a tall Black man wearing a red-colored Red Sox sweatshirt, who got into the passenger's seat and appeared to have a gun at his side; and a shorter Black man wearing black jeans and a gray sweatshirt, who entered the back seat. Once the men were in the car, it sped away on Balfour Street toward Dalkeith Street. A witness, who was driving on Howard Avenue at the time of the shooting, turned onto Dalkeith Street when he heard the shots, and subsequently turned onto Balfour Street.

He observed a man running from Wayland Street onto Balfour Street and getting into a light brown Accord that was stopped on Balfour Street. The car went past him toward Dalkeith Street, and he observed three Black men inside the car, two in the front seat and one in the back.

The Commonwealth's theory at trial was that the defendant was the driver of the vehicle, codefendant Wright was the shooter who entered the front passenger's seat of the vehicle, and Pittman acted as the lookout and entered the back seat of the vehicle after the shooting.

After reviewing surveillance video recordings from the area, Boston police issued a "be on the lookout" BOLO alert for a gold Honda with damage to the front bumper and tinted side windows.

Later that night, officers stopped a car matching the BOLO description. The defendant was driving the car, and Wright was in the front passenger's seat. The men and the car were photographed and released.

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WebDawon Wright, 22, of Dorchester, and Dario Baxter, 21, of Lynn, were arrested Saturday by members of the Boston Police Department’s homicide and fugitive units for their alleged . WebApr 12,  · the defendant, dario baxter, was tried on charges of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty, accessory . WebApr 12,  · DARIO BAXTER v. COMMONWEALTH. No. SJC Supreme Judicial Court of Massachusetts, Suffolk April 12, Heard: February 2, Civil action .