Aucella v. Commonwealth

Michael Aucella (defendant) was tried in the Superior Court before a jury on indictments charging him with vehicular homicide (G. L. c. 90, § 24G [¿>] [1988 ed.]), and with leaving the scene of an accident after causing per sonal injury (G. L. c. 90, § 24 [2] [a] [1988 ed.]). At the close of the Commonwealth’s case and again at the conclusion of all the evidence, the judge denied the defendant’s motions for required findings of not guilty. After three days of deliberation, the jury were unable to agree on verdicts, and a mistrial was declared. The defendant then moved to dismiss the…