Commonwealth v. Perkins, 090319 MACA, 18-P-1524

Docket Nº:18-P-1524
Party Name:COMMONWEALTH v. JAMES M. PERKINS.
Judge Panel:Agnes, Shin & Wendlandt, JJ.
Case Date:September 03, 2019
Court:Appeals Court of Massachusetts
 
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COMMONWEALTH

v.

JAMES M. PERKINS.

No. 18-P-1524

Appeals Court of Massachusetts

September 3, 2019

Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass.App.Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass.App.Ct. 258, 260 n.4 (2008) .

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

The defendant, James M. Perkins, appeals from his convictions of assault and battery on a family or household member, witness intimidation, and threatening to commit a crime. We affirm.

1. Background.

Based on the evidence, the jury were warranted in finding that on April 22, 2018, the victim, the defendant's wife, was driving a vehicle in which the defendant was a passenger. The victim stopped at a 7-Eleven store to buy the defendant a cup of ramen noodle soup. She saw two coworkers from the Massachusetts Bay Transportation Authority (MBTA) inside the store. The victim had bruises on her arms and neck which were visible because she was wearing a tank top. After buying the soup, the victim returned to her vehicle. As she handed the soup to the defendant, he asked her if she told her coworkers that he had hit her.1 When the victim denied this, the defendant threw the soup at her, getting it all over her hair and arms.

The victim became scared, ran back into the store, and asked for someone to call the police. She then returned to her vehicle. The defendant "threatened [the victim] not to say anything to the cops," and told her, "just get in the car . . . you've got to get in the car, don't tell them anything." She did as she was told and drove away with the defendant. They argued as she was driving until she stopped for a red light, whereupon the defendant jumped out of the vehicle and yelled to a passenger in another car that the victim had been abusive towards him. Shortly thereafter, the State police arrived. The victim was crying and the defendant appeared agitated. The defendant, who had returned to the vehicle, was asked to step outside. When...

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