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COMMONWEALTH v. KEO

SJC-10949

467 Mass. 25 (2014)

COMMONWEALTH v. KEVIN KEO.

Supreme Judicial Court of Massachusetts, Essex.

January 21, 2014.

Attorney(s) appearing for the Case

Leslie W. O'Brien for the defendant.

Catherine Langevin Semel , Assistant District Attorney, for the Commonwealth.

Timothy J. Cruz , District Attorney, & Robert C. Thompson , Assistant District Attorney, for the District Attorney for the Plymouth District, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

IRELAND, C.J.

On November 1, 2007, the victim in this case was shot and killed outside a restaurant in Lynn after being involved in an altercation with four young men, one of whom was Kevin Keo (defendant).1 The defendant was indicted on a charge of murder in the first degree, and at a jury trial, the Commonwealth proceeded against him on a theory of deliberate premeditation based on his knowing participation in the crime, alone (as the...

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