In a recent summary decision, the Massachusetts Appeals Court upheld the conviction of Brian R. Gourgue for negligent operation of a motor vehicle and the denial of his motion for a new trial. The case stemmed from a February 20, 2022, two-car crash on Route 140 in Freetown.
Gourgue’s red Chevrolet Malibu allegedly struck Myrlande Remy’s silver SUV from behind after witnesses described him speeding, weaving through traffic, and cutting off other vehicles. Both cars left the roadway and ended up in a wooded embankment. Remy required extrication; her passengers escaped unharmed. Gourgue was also found responsible for related civil infractions of speeding and a marked-lanes violation.
The central appellate issue involved the Commonwealth’s failure to disclose body-camera footage from State Police Troopers Thomas Petitti and Kyle Pavao, along with dashboard-camera video. The recordings, which captured the scene and Gourgue’s statement that Remy had “slammed” on her brakes, surfaced mid-trial and after verdict. Defense counsel sought a mistrial, arguing the material was highly relevant for impeachment and for informing Gourgue’s decision whether to testify.
The Appeals Court, reviewing for abuse of discretion, agreed the nondisclosure violated discovery rules but found no substantial prejudice. The video showed the vehicles upright rather than flipped (contradicting one witness), yet other testimony already undermined that detail. Gourgue’s recorded explanation was described as largely incoherent and of limited value. The panel also held the trial evidence—speeding, lane-changing, and the hard rear-end impact—sufficient for a rational jury to find negligent operation endangering public safety.
Judgment of conviction and the order denying the new-trial motion were affirmed. The decision underscores that while discovery obligations are mandatory, relief requires a showing of meaningful prejudice.
The full text of the slip opinion is attached below.