COMMONWEALTH v. AKARA

No. SJC-10229.

465 Mass. 245 (2013)

COMMONWEALTH v. CHIMEZIE AKARA (and seventeen companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

May 21, 2013.


Attorney(s) appearing for the Case

Brownlow M. Speer , Committee for Public Counsel Services, for Andre Green.

Kevin S. Nixon for Chimezie Akara.

Kathleen Celio , Assistant District Attorney ( Sarah H. Montgomery , Assistant District Attorney, with her) for the Commonwealth.

Present: SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.


DUFFLY, J.

Shortly before 8 P.M. on the evening of February 5, 2003, Philip Gadsden, who was traveling on a Massachusetts Bay Transportation Authority (MBTA) subway train, was threatened with a gun by one of two passengers standing together in the aisle. While the train was pulling into the Massachusetts Avenue MBTA station, Gadsden moved down the car away from the man pointing the gun and yelled to other passengers that there was a gun on the train. As the passengers...

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