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Lowell woman convicted in fatal road rage shooting

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Lowell woman convicted in fatal road rage shooting
Guilty of voluntary manslaughter
low-l-shooting02.jpg

Graciela Paulino, of Lowell, is charged with murder in the fatal shooting of a Peabody construction worker.


By Emma Murphy | [email protected] | Lowell Sun
PUBLISHED: October 23, 2019 at 1:42 pm | UPDATED: October 23, 2019 at 6:22 pm


WOBURN — A Middlesex Superior Court Jury convicted a Lowell woman of voluntary manslaughter in connection with a fatal road-rage shooting in Lowell last year.


On Tuesday, Graciela Paulino, 22, was originally charged with murder in the shooting of Marc Devoe, a 34-year-old construction worker of Peabody. She was ultimately convicted of the lesser manslaughter charge. She was also found guilty of carrying a firearm and carrying a loaded firearm, according to a press release from the Middlesex District Attorney’s office.


On Feb. 15 of 2018, around 12:40 p.m., Lowell police officers responded to YMCA Drive where the Blue Hyundai Accent Devoe was driving had crashed into a cement jersey barrier at the intersection of YMCA Drive and the exit driveway of the Gallagher Transportation Terminal.


Authorities learned that Paulino shot Devoe following a road rage incident on an access road to the Gallagher Intermodal Terminal.


Devoe and a co-worker were driving in the area on their lunch break when they had an altercation with Paulino, who was driving another vehicle. Paulino followed them before shooting Devoe once in the chest, police said.


After he was shot, Devoe drove a short distance before crashing his car on YMCA Drive. Devoe was brought to Lowell General Hospital where he was pronounced dead.


The Middlesex District Attorney’s Office, Massachusetts State Police Detectives assigned to the Middlesex District Attorney’ s Office and the Lowell Police Department investigated the case. Assistant District Attorney Christopher Tarrant and Clarence Brown were the prosecutors assigned to the case and the Victim Witness Advocate was Leah Kaplan.


Paulino will be sentenced on Nov. 1.



SOURCE:
Lowell woman convicted in fatal road rage shooting – Lowell Sun
 
Voluntary manslaughter after she follows the guy then fatally shoots him in the chest with a gun she's carrying illegally? Thats a pretty clear cut case of murder. WTF is wrong with this state? Don't answer that. It's a rhetorical question... Clown World. Honk Honk!
 
Don't second guess the jury. Especially if you've never sat on one.

When I had jury duty, on a case that included armed assault (and ~6 other charges), the State's case was so terrible, that we "had" to let the guy walk, even though it was obvious that he was guilty. It's not as easy as you think, even when it looks like it's easy.

It's NOT like Law and Order....unless a 6th grader wrote the script, and nobody on set read it.

Apologies to all of our well-qualified NESers with "JD" after their names.
 
Part of it comes down to whether she had time to cool off between the initial conflict and her pulling the trigger. I can see how they ended up at manslaughter for a road rage thing, especially since she's a victim of the white patriarchy and all.
 
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she is 20 do you not have to be 21 for a ltc in ma ? sounds like an illegal gun . no such thing in ma. [ undocumented firearm]

You/she can own some firearm with just an FID, just require LTC for handgun, so wondering why you assumed "illegal gun" .
 
been following this...she's not licensed, shot him with a .22LR.... her friends said she carried a 'deuce-deuce' for protection.
one round to the chest.
 
Don't second guess the jury. Especially if you've never sat on one.

When I had jury duty, on a case that included armed assault (and ~6 other charges), the State's case was so terrible, that we "had" to let the guy walk, even though it was obvious that he was guilty. It's not as easy as you think, even when it looks like it's easy.

It's NOT like Law and Order....unless a 6th grader wrote the script, and nobody on set read it.

Apologies to all of our well-qualified NESers with "JD" after their names.
Beyond a reasonable doubt is a tough hurdle to overcome for a prosecutor. What you read about or see on the news is not what the jury will be presented with in most cases.
 
Should be first degree not manslaughter, brutal
I'd say 2nd degree murder

1st degree is pre meditated.....I get it....she followed him.....could be construed as pre meditated however......if evidence proved she had time to calm down and then followed him it would be pre meditated. If it was a road rage incident where the two motorists were engaged continuously in the heat of the moment then it would be 2nd degree which is "malice forethought" but not pre meditated.

Manslaughter is when the accused actions were malicious but there was no Initial intent to kill.

I don't know what the jury was presented with here so.......hard to judge the jury on this.
 
I'd say 2nd degree murder

1st degree is pre meditated.....I get it....she followed him.....could be construed as pre meditated however......if evidence proved she had time to calm down and then followed him it would be pre meditated. If it was a road rage incident where the two motorists were engaged continuously in the heat of the moment then it would be 2nd degree which is "malice forethought" but not pre meditated.

Manslaughter is when the accused actions were malicious but there was no Initial intent to kill.

I don't know what the jury was presented with here so.......hard to judge the jury on this.

Yeah, we can't really bash the jury because if the DA only put up manslaughter charges thats all thats on the plate. I'm not sure how MA criminal procedural BS
works, EG, if a verdict sheet can have a tree long enough that the jury can demote to manslaughter.

-Mike
 
Yeah, we can't really bash the jury because if the DA only put up manslaughter charges thats all thats on the plate. I'm not sure how MA criminal procedural BS
works, EG, if a verdict sheet can have a tree long enough that the jury can demote to manslaughter.

-Mike
Who knows.

Maybe the da went for manslaughter because it was easier to prove beyond a reasonable doubt.

I've sat on 3 juries in my lifetime. 2 times as head juror. 2 criminal cases and 1 civil case.

One criminal case was a dwi.....knew damn well the guy was drunk and driving but it was pre mandatory breatholizer. He walked. The other criminal case was a a and b dangerouse weapon......fight in a barber shop in Lawrence. We convicted but it took alot of jury deliberation. The civil case I was on was a sexual dangerousness case where the state wanted to commit a dude that liked to jack off in public with little girls watching. Jury gladly sent him to the nut house.

Criminal cases are no joke for the jury......beyond a reasonable doubt is the standard to convict and it is tough. In a civil trial the standard is preponderance of the evidence to rule in the plaintiffs favor and is much easier for the plaintiffs lawyer to work with.
 
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Same crazy bitch.

Alleged killer indicted in prior incident – Lowell Sun

She allegedly shot a driver in Lowell, then bragged about it on Facebook - The Boston Globe

In July 2017, she was charged with resisting arrest, possession of a Class D drug, assault and battery, assault with a dangerous weapon, and disorderly conduct. She also faced several charges stemming from an incident on Oct. 31, 2015, including illegal possession of a firearm and ammunition, but those charges were dismissed, according to the Lowell District Court clerk’s office.

The courts and prosecutors in MA are a complete joke.
 
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