Commonwealth v. Skipper Carino

Summary

The Massachusetts Supreme Judicial Court reversed Skipper Carino's conviction for violating an abuse prevention order under G. L. c. 209A, § 7. The court held that the evidence was insufficient to prove beyond a reasonable doubt that Carino had positioned himself sufficiently close to the protected residence to be able to abuse or contact the protected person. The court set aside the verdict, reversed the conviction, and remanded for entry of judgment in the defendant's favor.

Holdings

1. The evidence was insufficient to prove beyond a reasonable doubt that, when arrested on the opposite side of the block, Carino had positioned himself sufficiently proximate to the victim's property that he could abuse or physically contact her if she were on the property or entering or leaving it.
2. Evidence that a defendant reached the vicinity of protected property while intending to violate an abuse prevention order does not, by itself, prove that he breached the physical zone established by the order's stay-away provision.

Questions Presented

1. Whether the evidence was sufficient to prove beyond a reasonable doubt that Carino violated the stay-away provision by positioning himself sufficiently close to the victim's property that he could physically abuse or contact her if she were on the property or entering or leaving it.
2. Whether the defendant's presence in the general vicinity of the protected property and his intent to violate the order, without proof that he reached a qualifying vantage point or otherwise could physically contact or abuse the victim, established a violation of the stay-away provision.

Disposition

reversed_and_remanded