Commonwealth v. Charles

The defendants were convicted as joint venturers on indictments alleging armed assault with intent to murder.2 The victim was shot by another person in an incident that unfolded at the Ruggles Street subway station in Boston. The judge’s instruction to the jury on the elements of joint venture did not refer to the requirement that the defendants knew the shooter was armed. We must reverse.

1. Facts3 The victim, Horacio Mays, was at the Ruggles Street station on the late afternoon of August 11, 1995, with his girlfriend Rhonneka Tavares. Their one year old daughter was also with them. They were…