Commonwealth v. Angelo Todesca Corp.

(dissenting, with whom Marshall, C.J., and Cowin, *144J., join). Officer Erickson’s death was the result of a horrible and regrettable accident. However, “the mere happening of [an] accident [does] not warrant a finding of negligence.” Zarrillo v. Stone, 317 Mass. 510, 512 (1945). I agree with the Appeals Court that the evidence at the criminal trial was insufficient to establish that Brian Gauthier operated his truck negligently, in violation of the motor vehicle homicide statute, thereby causing the officer’s death.1 See Commonwealth v. Angelo Todesca Corp., 62 Mass. App. Ct. 599, 607-608…