Commonwealth v. Echevarria

An Essex County grand jury returned indictments charging the defendant with numerous offenses including three counts of assault and battery by means of a dangerous weapon causing serious bodily injury (ABDW/SBI), in violation of G. L. c. 265, § 15A(c )(i). The charges stemmed from the shooting of Mark Daniels on March 10, 2016.2 The defendant moved to dismiss two of the three ABDW/SBI indictments, contending that they are duplicative and thus prosecution is barred under the double jeopardy clause of the Fifth Amendment to the United States Constitution. A judge of the Superior Court allowed…