![]() ![]() In this appeal from a conditional guilty plea, we consider whether an individual may be charged with involuntary manslaughter where the individual wantonly or recklessly commits a felony, and an accomplice is killed by the victim of that offense. Based on these facts, a grand jury returned indictments charging the defendant with involuntary manslaughter for the death of his accomplice and other crimes. The cabdriver managed to escape from the vehicle, spun around wielding a previously concealed handgun, and shot and killed Dunton. At the same time, the defendant pressed a knife to the cabdriver's side. After the cabdriver brought the men to the location they had requested, Dunton choked the cabdriver from behind while demanding money. On August 10, 2018, the defendant and his friend, Christopher Dunton, attempted to rob a taxicab driver in New Bedford. Wendel, Assistant District Attorney, for district attorney for the Hampden district & others, amici curiae, submitted a brief. Stern, Assistant District Attorney, for the Commonwealth. The Supreme Judicial Court granted an application for direct appellate review. Yessayan, J., and a conditional plea of guilty was accepted by Renee Dupuis, J. A motion to dismiss was heard by Raffi N. Indictments found and returned in the Superior Court Department on August 27, 2018. Practice, Criminal, Grand jury proceedings, Indictment. Evidence, Grand jury proceedings, Indictment. Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750 (617) 5571030 SJC-13213 COMMONWEALTH Bristol. NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. ![]()
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