Commonwealth v. Barnette

This case arises out of an altercation between next door neighbors in Lexington. The victims, Maria Acuna and her son Israel Rodriguez, are Mexican-American. The defendant is predominately African-American. During the incident, the *487defendant allegedly threatened to kill Acuna and Rodriguez, calling them, among other things, “damn Mexicans” and telling them to “Get out of here.” After trial, a jury convicted the defendant of two counts of assault or battery for the purpose of intimidation, G. L. c. 265, § 39, and two counts of threatening to commit a crime, G. L. c. 275, § 2.1 On appeal, the…