BOSTON, November 28, 2017— The man convicted of fatally stabbing Anthony Spaulding outside a New Year’s Eve party will not receive a new trial, Suffolk County District Attorney Daniel F. Conley said.

A Massachusetts Appeals Court panel today affirmed the voluntary manslaughter conviction of BRIAN MacDONALD (D.O.B. 4/7/88), whom a Suffolk Superior Court jury found guilty of stabbing Spaulding to death outside the victim’s Allston home in the early morning hours of Jan. 1, 2013. MacDonald is currently serving a term of seven to 10 years in state prison.

“Based on the evidence, prosecutors did not see merit in a claim of self-defense or a verdict of involuntary manslaughter,” Conley said. “We hope Mr. Spaulding’s family can take some satisfaction in knowing the jury’s verdict will stand.”

In affirming MacDonald’s conviction, the court rejected MacDonald’s argument that the judge at his 2015 trial erred when she denied his request for jury instructions on involuntary manslaughter.

“An instruction on involuntary manslaughter is required where ‘any view of the evidence will permit a finding of manslaughter and not murder,’ but not when it is ‘obvious . . . that the risk of physical harm to the victim created a plain and strong likelihood that death will follow,’” the court wrote, quoting earlier court cases. “Viewing this evidence in the light most favorable to the defendant, the defendant was not entitled to an instruction on involuntary manslaughter.”

The justices similarly rejected MacDonald’s argument that jury instructions on self-defense were erroneous, instead finding that the trial judge’s instructions to the jury were “legally correct and appropriate.”

A Suffolk Superior Court jury found MacDonald guilty of voluntary manslaughter but acquitted him of the more serious offense of second-degree murder at the conclusion of his 2015 trial. Prosecutors had presented evidence and testimony to prove that a New Year’s Eve party was held on Dec. 31 2012, into the early hours of Jan. 1, 2013, at the Pratt Street apartment Spaulding shared with roommates.  MacDonald and his then-girlfriend BIANCA HOLLENBECK (D.O.B. 7/28/88) arrived at the party but were not invited guests.

A verbal argument followed by a physical altercation occurred when Spaulding emerged from his bedroom and asked MacDonald and another person to quiet down.

Following the fight, MacDonald was ejected from the party but remained outside the residence. Spaulding came outside and attempted to clear the air but a second physical confrontation erupted.  MacDonald stabbed the victim multiple times with a knife that he had brought to the party and then fled, leaving a trail of blood that Boston Police followed to his Washington Street apartment.

Hollenbeck was charged with assault and battery in connection with the incident. The jury that convicted MacDonald was unable to reach a unanimous verdict on the charge against Hollenbeck and a mistrial was declared.  A Suffolk Superior Court judge continued the case without a finding in 2016.

Assistant District Attorneys Julie Higgins and Tara Burdman prosecuted the case at trial. Assistant District Attorney Paul Linn of the DA’s Appellate Unit argued the case on appeal.  Katherine Moran is the DA’s assigned victim-witness advocate.  MacDonald was represented by Geraldine Griffin.
 

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