Commonwealth v. Dewane M. Tse.

Summary

The court held that the evidence was insufficient to prove beyond a reasonable doubt that the defendant knowingly participated in the shooting with knowledge of, and shared, the shooter's lethal intent. The vehicle's tracking of the victims and movements before and after the shooting supported, at most, speculative inferences and did not establish the required intent for joint venture liability. Because the same deficiency defeated the armed assault with intent to murder conviction, the court reversed both judgments, set aside the verdicts, and remanded for entry of required findings of not guilty.