Criminal – Second-degree murder

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Where a jury found a defendant guilty of second-degree murder, there was no error in the trial judge’s failure to instruct the jury on the “castle law” (G.L.c. 278, §8A), as the victim did not make an unlawful entry into the defendant’s dwelling.

Affirmed.

“On August 9, 2018, defendant James Andrews fatally stabbed the victim, Allan Monteiro, in the apartment in which the two were living. After a jury trial in the Superior Court, the defendant was convicted of murder in the second degree and assault and battery by means of a dangerous weapon (ABDW). Here, we consider the defendant’s consolidated appeal from these convictions, and from the trial judge’s subsequent denials of the defendant’s motions to vacate the ABDW conviction and reduce the verdict of murder in the second degree to voluntary manslaughter.

“As we will explain, we are not persuaded that the victim made an unlawful entry into the defendant’s dwelling, and so we discern no abuse of discretion or other error in the judge’s failure to instruct the jury on the ‘castle law,’ G.L.c. 278, §8A. Additionally, where the evidence was sufficient to prove that (1) the defendant’s reaction to the victim’s destruction of the defendant’s computer was not reasonable under the circumstances, (2) the victim did not make physical contact with the defendant’s body, and (3) the defendant failed to satisfy his duty to retreat from the conflict, we conclude that the Commonwealth met its burden of proving that the defendant was guilty of murder in the second degree. Furthermore, trial counsel was not ineffective in failing to challenge a juror who credibly affirmed his impartiality during jury selection. We are also satisfied that any claimed misstep in the evidentiary rulings the defendant challenges on appeal did not result in prejudicial error, and that any error in the prosecutor’s closing argument did not create a substantial risk of a miscarriage of justice. Accordingly, we affirm the convictions; likewise, we affirm the orders denying the defendant’s motions to vacate the ABDW conviction and reduce the verdict. …

“The judgments are affirmed, as are the denials of the defendant’s postconviction motions to vacate the ABDW conviction and reduce the verdict of murder in the second degree to voluntary manslaughter.”

Commonwealth v. Andrews (Lawyers Weekly No. 11-037-25) (28 pages) (Hand, J.) The cases were tried before Brian S. Glenny, J., and a motion to reduce the verdict was heard by him. Neil L. Fishman on appeal for the defendant; Robert P. Kidd for the commonwealth (Docket No. 24-P-430) (June 16, 2025).

Click here to read the full text of the opinion.