Gunman Also Indicted, To Be Arraigned Later
BOSTON, July 13, 2017—A year and a half after 22-year-old Marquis Waithe was shot and killed on Brookledge Street, the alleged gunman and a co-defendant accused of assisting him have been indicted for his homicide, Suffolk County District Attorney Daniel F. Conley said.

The Suffolk County Grand Jury yesterday returned indictments charging JONATHAN AGUASVIVAS, 24, and CALVIN BOYKINS, 25, with first-degree murder, unlawful possession of a firearm, and three counts of assault with a dangerous weapon in Waithe’s Feb. 4, 2016, shooting death. Boston Police took Boykins into custody yesterday; Aguasvivas was already in custody, charged with a separate homicide.

At Boykins’ arraignment today in Suffolk Superior Court, Clerk Magistrate Edward Curley ordered him held without bail and set a next court date of Aug. 1. Aguasvivas, who is held without bail in the June 8, 2016, homicide of 17-year-old Raekwon Brown, will be arraigned at a later date.

Evidence developed by Boston Police homicide detectives on the street and Suffolk prosecutors behind the closed doors of the grand jury suggests that the defendants traveled together to the area of Brookledge Street, where Boykins assisted Aguasvivas in passing through a building to a parking lot. There, Aguasvivas produced a handgun and fired at a group near 55 Brookledge St., missing three men but striking Waithe and causing fatal injuries. Boykins is charged under the theory of joint venture for allegedly assisting Aguasvivas in the homicide, being present as it was committed, and sharing his intent.

Boykins was represented by attorney John Hayes.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.