Commonwealth v. Ruiz

The Superior Court judge allowed a motion to dismiss the defendant’s indictment for armed home invasion under G. L. c. 265, § 18C. We transferred the Commonwealth’s appeal to this court on our own motion. The Commonwealth contends that § 18C applies to a case such as this, where a defendant armed himself after entering a home. As the statute applies only where a defendant is armed at the time of entry, we affirm the dismissal of the indictment.

On the evening of September 17, 1996, the defendant knocked on the apartment door of James and Joseph Garvey, two handicapped brothers. When Joseph…