At approximately 9 p.m. on August 17, 2018, a Brockton police officer saw Malik Goncalves sitting on the steps of a multi-family home at 3 Goddard Road.
A “no trespassing sign” was posted on the property along with another sign advising “This area is protected by video surveillance.”
The officer observed Malik for about ten seconds before approaching him. The officer had to ask Malik his name two or three times before getting a response. The officer also thought that Malik appeared unusually nervous. Based on Malik’s evasive and nervous behavior, the officer concluded that he was trespassing and arrested him.
After making the arrest, the officer discovered a handgun on the porch where Malik was sitting.
Malik was charged with unlawful possession of a gun and with trespassing. A jury found him not guilty on the gun charge. But he was convicted of trespassing. His lawyer appealed the verdict.
The Appeals Court sided with Malik and reversed the conviction. In doing so, the justices wrote,
The Commonwealth did not call the owner or landlord of the multifamily residence as a witness at trial. Nor did it offer other evidence that the defendant resided elsewhere. Instead, the only proof that the defendant was on the property “of another” was the officer’s testimony that the defendant did not “appear” to live at the address because he seemed evasive and declined to provide his name when first asked for it. This was not sufficient…Even if, as the Commonwealth asserts, the defendant’s walking away from the premises as the police officer approached was evidence of consciousness of guilt, that was not enough evidence to establish the defendant’s guilt beyond a reasonable doubt. We therefore conclude that, even taken in the light most favorable to the Commonwealth, the scant evidence presented in this case was not sufficient to warrant a finding beyond a reasonable doubt on the essential element that the defendant entered into or remained on the premises of another. (Citations and quotations omitted.)
To read the full text of the opinion, click the document below.