Commonwealth v. Rosario

On appeal from a conviction of intimidation of a witness, the defendant contends that the judge erred in denying his motion for a required finding of not guilty. In the circumstances of this case, we conclude that the defendant’s act of pointing his fingers to his head as if he were shooting a gun while stating that the victim-witness “would die” constitutes intimidation of a witness. Consequently, we affirm the defendant’s conviction.

Background. The defendant, Angel M. Rosario, was initially charged with armed assault with intent to murder and assault and battery by means of a dangerous…