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Posted: August 9th, 2022
Commonwealth v. Henson
Commonwealth v. Henson
The defendant in this case waived his appeal to the charge of carrying a loaded revolver without proper documentation. The main issue of the charge thus became whether he should be charged with assault by means of dangerous weapons. In the proceeding crime scene investigation, Finocchio, the off duty police officer shot by the defendant, was not harmed by the five shots fired at him by the defendant, there were no powder burns, no projectile recovered from the scene, nor were there any injuries to the plaintiff. On the contrary, Finnochio, shot at the defendant a total of six times, one of which struck the defendant wounding him. Court documents identify that the defendant actively and intentionally altered the nature of the revolver’s bullet to acorn blanks.
In further court documents, the jury defines that the action of the defendant did nothing to prove that the revolver was not harmful, and neither the off-duty police officer nor the people in the crime scene would have known, as the defendant knew that the revolver was harmless. The court declared that “the objectively menacing conduct of the defendant, despite an actual inability to do harm, produced the fear of harm which it was intended to produce, with the same consequential tendency to provoke a breach of the peace as if he had the actual ability to do harm.” The court upheld the defendant conviction based on the fact that the defendant in his action affected the public peace, and order, by terrorising the people around.
While his actions were in no means harmful to the victims, he achieved to draw a sense of fear and illicit his action as a threat to their well being, nonetheless achieving the same result as a real gun would. The court identifies the fact that a firearm brandished (loaded or unloaded to the individual) does not entitle him to the acquittal of the charges of aggravated assault by dangerous weapons.
References
Commonwealth v. Henson. (2020). Retrieved 27 November 2020, from https://law.justia.com/cases/massachusetts/supreme-court/1970/357-mass-686-2.html
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