BOSTON, June 17, 2015—An appeals court panel today affirmed the convictions of the man who gunned down Paula Castillo after her 18th birthday party, Suffolk County District Attorney Daniel F. Conley said.
In an unpublished decision issued this morning, the Massachusetts Appeals Court affirmed the 2011 convictions of RUBEN SANCHEZ (D.O.B. 9/6/90) of Hyde Park for second-degree murder, unlawful possession of a firearm, and carrying a loaded firearm. The court likewise affirmed the convictions of Sanchez’s co-defendant, ANDRES BREA (D.O.B. 1/25/90) of Roxbury, who was found guilty of unlawful possession of a firearm and carrying a loaded firearm.
On appeal, Sanchez argued that his case should have been severed from those of Brea and another co-defendant, MIGUEL VASQUEZ (D.O.B. 5/5/91) of the South End. The Appeals Court found that his motion to sever was properly denied as neither co-defendant presented a defense that was antagonistic or irreconcilable with Sanchez’s defense and neither made statements clearly implicating Sanchez as Castillo’s killer.
The Appeals Court also rejected Sanchez’s claim that the trial prosecutor displayed bias against prospective Hispanic jurors during empanelment. The justices agreed with the trial judge’s determination that peremptory challenges of two Hispanic members of the jury pool were unrelated to their ethnicity.
“[T]he judge concluded that the prosecutor’s race-neutral reasons – age and ability to digest information – were genuine and adequate,” Justices Elspeth Cypher, Scott Kafker, and Mark Green wrote, further noting the diverse makeup of the seated jury. “The judge’s colloquy with counsel was sufficient to evaluate meaningfully the prosecutor’s proffered reasons for the challenges, and we see no reason to disturb his rulings, which are supported by the record.”
Brea additionally claimed that a Superior Court judge erred in denying his motion to suppress evidence collected after the vehicle that the defendants were in was stopped by Boston Police after the shooting. The justices found that the officer had reasonable suspicion to stop the distinctive red Honda and probable cause to arrest the defendants based on observations that the vehicle matched the suspect vehicle description and was seen traveling in the same direction reported to police a short distance from the crime scene just 10 minutes after the shooting was reported.
The court found “no merit” to Brea’s argument that his convictions for unlawful possession of a firearm and carrying a loaded firearm were duplicative. The court also ruled that Brea’s consecutive sentences of two years in the house of correction and five years of probation were lawful.
The court further rejected both defendants’ claim that the prosecutor made attempts to appeal to the jury’s sympathy in her closing argument and through a witness’ reference to Castillo showing off an ultrasound image of her unborn child.
During the 2011 trial, Assistant District Attorney Jennifer Hickman presented evidence and testimony to prove that Sanchez, Brea, and Vasquez became involved in an argument at the Hillis Road home where Castillo’s birthday party was being held on September 19, 2009, and were ejected from the party. Once outside, the men continued to exchange words with other partygoers as they walked to Brea’s vehicle. The evidence showed that Vasquez goaded Sanchez into pulling out his firearm and opening fire in the direction of the party. At that moment, Castillo was leaning out of a second-floor window and was struck in the neck. Castillo, who was four months pregnant, died of her injuries a short time later after collapsing in the home’s kitchen.
The defendants then entered Brea’s red Honda Civic low-rider and drove a short distance before making a U-turn. Sanchez fired one last shot at the building and the car fled.
The vehicle was stopped by Boston Police three miles from the scene and the men placed under arrest. As Brea sat handcuffed on the curb, he was observed by officers wiping his hands in the damp grass in an apparent attempted to rid them of gunshot residue. A search warrant was executed on the vehicle, leading to the recovery a firearm containing four spent shell casings and one live round.
Assistant District Attorney Teresa Anderson argued the case on appeal. Kara Hayes, Jennifer Sears, and Katherine Moran were the DA’s assigned victim-witness advocates. Sanchez was represented on appeal by David H. Mirsky and Brea by Lisa J. Stephani.
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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
