Commonwealth v. Evelyn

After an altercation with Cushings Fortuna (victim), the defendant returned to his vehicle, removed a gun from a hidden compartment, chased the victim, and shot him dead. At trial, the defendant’s attorney in opening statement conceded that the defendant committed the killing, and told the Superior Court jury that the issue they had to decide was whether the defendant was guilty of manslaughter or murder. The jury convicted the defendant of murder in the second degree and of possession of a firearm without a license. The defendant appealed his convictions, and we granted direct appellate…