In Suffolk Superior Court, the second murder trial of John Gomes, 30, began with opening statements. Gomes is charged with the first-degree murder of Ildobrando Correia, a Dorchester youth soccer coach that was shot to death at the age of 45 in August 2002.
Correia was in his car, having just dropped off an elderly friend, when Gomes allegedly fired 18 shots into the motor vehicle and fled the scene. Prosecutors say that Gomes mistakenly thought Correia, a husband and a father, was a rival.
Gomes allegedly got rid of the 9mm semiautomatic handgun-tagged as the murder weapon-behind a house.
Following Gomes’s murder, Correia moved several times across the U.S. before being caught by police at a traffic stop in Florida. His first trial began in May 2006, but the attorney for the defense left the case after Gomes allegedly tried to choke him with his necktie. Gomes faces assault charges in that attack.
The law in Massachusetts defines first-degree murder to include murders committed with deliberate and premeditated intent. “Deliberate premeditation” is the phrase used for the thought process that the alleged perpetrator went through in order to kill the victim. There must also be what is called “malice aforethought.” This means that the murderer intended to inflict serious physical harm or death upon another person without legal justification or acted in a way that serious injury or death was very likely inevitable. In the instance of the latter, however, malice aforethought can consist of the murderer knowing that his actions likely would have lead to serious injury or death.
First-degree murder can also be committed with extreme cruelty, which means that the murder victim experienced suffering more cruel that most others that die by murder. The way that the victim died, whether the murderer enjoyed or was indifferent to the victim’s pain, the extent of physical injuries, and how much the victim suffered are all factors.
In a felony first-degree murder, a murder is committed while committing a felony crime that purposely disregarded human life and resulted in the death.
A person convicted of first-degree murder in Massachusetts faces life in prison and no parole.
For 2d time, man’s murder trial begins, Boston.com, September 7, 2007
Jury selection begins in Dorchester dad slay case, Bostonherald.com, September 5, 2007
Chapter 265: Section 1. Murder defined, The General Laws of Massachusetts
Jury selection begins in Dorchester dad slay casef you have been accused of or charged with a murder crime in Massachusetts, you are entitled to the best legal representation that you can get. At Altman & Altman LLP, our committed to protecting the rights of criminal defendants, and we will do everything to provide you with the best defense possible.
Contact Altman & Altman LLP today and ask for your free case evaluation.