However, the jury's conclusions "did not hinge on whether one or two shots were fired, or whether the defendant fired the shot that killed Puopolo," the SJC ruled.
"The Commonwealth did not need to prove that the defendant actually shot Puopolo for the jury to convict him of murder in the first degree," the ruling continued. "The Commonwealth proceeded on a joint venture felony-murder theory with predicate offenses of armed robbery and armed assault in a dwelling."
Tate argued he was entitled to a manslaughter charge because the sale took place in an enclosed garage, there was a baseball bat nearby and he and Williams were outnumbered.
But the SJC found the pair were the aggressors, as they pulled guns to rob the group. While one witness attempted to knock the gun out of Williams's hand and the dealer tried to punch him, that happened after Williams and Tate escalated the situation.
"These actions, therefore, would not justify the use of deadly force," the SJC ruled. https://www.msn.com/en-us/news/crime/malden-man-s-murder-conviction-upheld-in-death-of-stoneham-vet/ar-BB1d0pFh?ocid=msedgdhp
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