Commonwealth v. McAfee

Neel, Stephen E., J.

Before the Court are defendant Michael McAfee’s and defendant Ronny Elliot’s related motions for new trials pursuant to Mass.R.Crim.P. 30(b). After hearing and a review of the parties’ submissions and the record, the Court denies the motions for the following reasons.

BACKGROUND

In the early evening of July 10, 1995, Michael McAfee (McAfee) and Ronny Elliot (Elliot) had a verbal altercation with Alvaro Sanders (Sanders) at a McDonald’s in the Roxbuiy section of Boston. Sanders, after breaking off the confrontation and perhaps threatening to return, then sought out the…