Commonwealth v. Zimmerman

The defendants, Mario Chaparro and Bryant

Zimmerman, were indicted for armed robbery, in violation of *147G. L. c. 265, § 17, and assault and battery by means of a dangerous weapon, in violation of G. L. c. 265, § 15A, in connection with a July 20, 1998, incident in a park in the Jamaica Plain section of Boston. John Heaton-Jones was attacked by three men and his bicycle was stolen. A jury convicted the two defendants of both charges.2

The defendants appealed, both claiming that the judge improperly discharged a deliberating juror without giving the cautionary instruction mandated by Commonwealth…