Com. v. Williams

• Decision Date: 19 April 1983
• Parties: COMMONWEALTH v. Dominic WILLIAMS.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 1114

448 N.E.2d 1114

388 Mass. 846

COMMONWEALTH v. Dominic WILLIAMS.

Supreme Judicial Court of Massachusetts,

Suffolk.

Argued Jan. 4, 1983.

Decided April 19, 1983.

Willie J. Davis, Boston, for defendant.

Michael J. Traft, Asst. Dist. Atty., for the Commonwealth.

Before HENNESSEY, C.J., and WILKINS, ABRAMS, NOLAN and LYNCH, JJ.

HENNESSEY, Chief Justice.

The defendant, Dominic Williams, was convicted by a Suffolk County jury of murder in the first degree and armed robbery. The judge sentenced the defendant to the mandatory term of life imprisonment on the murder conviction and to a concurrent term of twenty to forty years on the armed robbery conviction. The defendant appeals the convictions, challenging as error the trial judge's admission of certain statements made by the defendant to the police, and the judge's instruction to the jury on the issue of the voluntariness of the defendant's statements. The defendant also seeks relief pursuant to G.L. c. 278, § 33E. We reject all the defendant's contentions and, accordingly, affirm the judgments.

On January 15, 1981, at approximately 8 P.M., the victim, Alton Whitaker, a twenty-two year old Roxbury resident, decided to accompany his sixteen year old friend, Morris Charley, to the Chez Vous roller skating rink. Whitaker owned a portable radio/cassette player, which he decided to take with him. After going to a sandwich shop, Whitaker and Charley boarded a bus to ride down Blue Hill Avenue to the skating rink. The bus was crowded and Whitaker and Charley sat in separate seats. During the ride, the defendant and two companions boarded the bus. Charley had seen the defendant several times at the Dudley Street subway station and recognized his face though he did not know his name. Whitaker was playing his radio on the bus and the defendant and his companions were dancing to the music.

At the intersection of Morton Street and Blue Hill Avenue, the defendant and his companions got off the bus, as did Whitaker and Charley. Whitaker and Charley walked down Rhoades Street, off Blue Hill Avenue, in the direction of the Chez Vous rink. After they had walked about ten to fifteen feet down Rhoades Street, Charley heard the defendant say, "Give it up." Charley turned and saw two guns, a .38 caliber revolver in the defendant's hand pointing at Whitaker and another gun pointed at his own back in the hand of one of the defendant's companions. Whitaker pulled out a knife and turned toward the defendant. The defendant shot Whitaker in the chest, tucked the gun away, grabbed the radio, and ran away with his two companions. Charley went to a liquor store for help and the police arrived to take the victim away in an ambulance. The victim was dead on arrival at a hospital.

Alonza Edward, nicknamed "Funny," testified that he had known the defendant all the defendant's life. He stated that on or about January 15, 1981, the defendant sold him a portable radio/cassette player. The defendant wanted $100 for the radio, but Edward ultimately bought it for $60 and a "blow of cocaine." A few days later Edward heard that a radio had been taken in a shooting. He decided to give the radio to the police and spoke with some friends to discover a way that he could accomplish this without becoming involved. After arranging for someone to contact Dectective Arthur Linsky, Edward turned the radio over to him and went down to the police station to give a statement.

On January 16, 1981, Officer Paul Murphy went to the victim's house and retrieved a carton which contained a picture and serial number of the stolen radio. On January 18, after receiving information that the defendant was involved in the shooting, Murphy obtained a photograph of the defendant, included it with eleven others, and went to Charley's home. Charley identified the defendant's photograph. A warrant for the arrest of the defendant was then obtained.

Detective Linsky and another officer arrested the defendant on January 19, 1981, and the defendant was advised of his Miranda rights. The defendant said "he had nothing to say." Linsky detained the defendant and several other persons on the premises where the arrest occurred while the police obtained a search warrant. A subsequent search, pursuant to the newly-obtained warrant, yielded a .38 caliber gun in a down vest found in a room occupied by the defendant.

The defendant was transported with Linsky and two other police officers to the organized crime unit at police headquarters. Once at the organized crime unit, Linsky approached the defendant and asked him if he wanted to talk. Linsky stated that the defendant just looked at him, so he engaged the defendant in conversation about only general subjects.

One Bryan Jones was also present at the same premises where the defendant's arrest occurred. Jones, who was also a suspect in the crimes, was brought to the police station in a separate car from that of the defendant. Linsky spoke alone with Jones after he discussed general subjects with the defendant. When Linsky spoke with Jones, the defendant was seated in the same room at the opposite end. Jones denied any involvement in the murder and told Linsky that the defendant had admitted that he shot the victim in the chest and that he sold the victim's radio. Jones asked to speak with the defendant and Linsky granted his request. Linsky stated that he could hear only Jones' part of the conversation and that Jones told the defendant that he did not want to be blamed for a murder and robbery in which he was not involved.

After speaking with Jones, the defendant called Linsky over and told him that Jones had nothing to do with the incident. Linsky then asked the defendant whether he remembered his Miranda rights and whether he wanted Linsky to readvise him of these rights. The defendant said that he understood his rights and that he did not want Linsky to readvise him of them. The defendant then admitted to Linsky that he and two others had shot the victim and that he had sold the radio to "Funny Man" for $60 and "two blows of coke." Linsky allowed the defendant to use the telephone, and the defendant called a friend, Anita Carter, and told her to get the radio from "Funny Man."

On cross-examination, Linsky said he thought the defendant was about nineteen to twenty years old but later found out that he was only seventeen. Linsky further stated that he did not know the extent of the defendant's schooling.

At about 8 P.M., Linsky brought the defendant to the homicide unit to make a tape-recorded statement to Detective Sergeant Stephen Murphy. Sergeant Murphy met with the defendant and asked him if he wanted to speak about the incident. The defendant responded that he did, and Sergeant Murphy advised him of his Miranda rights. Hoping to induce the defendant to make a statement, Sergeant Murphy said he would make the defendant's cooperation known to the judge and to the district attorney. ¹ Sergeant Murphy, who had been a narcotics officer for five years, determined that the defendant was not under the influence of any drug, was oriented as to time and place, and understood what was being said.

After the defendant indicated that he wished to talk, Sergeant Murphy turned on the tape recorder, again informed the defendant of his rights, and asked the defendant about the incident. In response to questioning, the defendant admitted that he had followed the victim off the bus and told him to "give me the tape." When the victim pulled out a knife, the defendant shot him, took the radio, and ran up Blue Hill Avenue. At one point, the defendant said, "I don't want to say any more," and Sergeant Murphy immediately complied and stopped the interrogation. Later, the defendant asked to make a further statement and gave the names of his two companions.

At trial, the defendant moved to suppress his statements to Detective Linsky and to Sergeant Murphy. After conducting a voir dire, the judge found that the statements were made voluntarily, and that the defendant understood his rights and knowingly and intelligently waived them. He also found that the defendant "knew that he didn't have to talk with the officers, [and] he knew that he could stop whenever he wanted, ... as he in fact did." The judge denied the defendant's motion. The judge did suggest, however, that the Commonwealth not offer the portion of the tape-recorded statement made after the defendant asked to cut off questioning. The Commonwealth complied with this suggestion, but the remainder of the tape was played to the jury.

1. The defendant first argues that the judge erred in admitting in evidence his statements to the police because there was no valid waiver of his Miranda rights and because his statements were not made voluntarily. We disagree. ² In reviewing a judge's determination that a voluntary waiver was made, we will not disturb the judge's subsidiary findings if they are warranted by the evidence and we will accord substantial deference to the judge's ultimate findings. Commonwealth v. Tavares, 385 Mass. 140, 144-145, 430 N.E.2d 1198 (1982). To fulfil our appellate function, however, we make an independent determination about the correctness of the judge's application of constitutional principles to the facts as found. See Brewer v. Williams, 430 U.S. 387, 403, 97 S.Ct. 1232, 1241, 51 L.Ed.2d 424 (1977); Tavares, supra, 385 Mass. at 145, 430 N.E.2d 1198. We apply this same standard of review to the judge's findings on the issue of the voluntariness of statements made by the defendant. See Commonwealth v. Wilborne, 382 Mass. 241, ---, Mass.Adv.Sh. (1981) 59, 69, 415 N.E.2d 192.

As to the issue of the validity of the defendant's waiver of his Miranda rights, we perceive no error in the judge's conclusion. It is well settled that a minor may waive his constitutional rights and make an incriminating statement to the police that is admissible against him. Tavares, supra 385 at Mass. 146, 430 N.E.2d 1198. Wil...