BOSTON (AP) - Two men convicted in a subway shooting that killed a passenger's unborn baby will not get a new trial, the highest court in Massachusetts ruled Tuesday.
The Supreme Judicial Court upheld the convictions of Andre Green and Chimezie Akara in the 2003 shooting on an MBTA subway train.
According to trial testimony, Green and Akara got into an argument with Philip Gadsden, another passenger. One of the men fired a gun at Gadsden, but missed. A bullet pierced the abdomen of Hawa Barry, who was 36 weeks pregnant. The baby was born alive but died about 45 minutes later.
Green and Akara were convicted of murder and related assault and firearms charges under a "joint venture" theory. In their appeal, the men argued that there was not enough evidence to convict them under that theory and that they should have had separate trials.
The SJC said it found no basis to order a new trial or reduce their convictions.
The court said that, based on evidence at the trial, the jury could have found that either Akara or Green was the shooter, and that the other man shared the intent to commit the crime and was willing to assist him in accomplishing the crimes and during the getaway.
"Because the evidence supports each alternative finding, the jury could have found beyond a reasonable doubt that both defendants 'knowingly participated in the commission of the crime(s) charged,'" Justice Fernande "Nan" Duffly wrote in the unanimous opinion.
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