BOSTON, May 4, 2016—The state’s Appeals Court today affirmed the convictions of two Dorchester men who took part in the murder of 24-year-old Toneika Jones, denying each a new trial, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court jury in 2012 convicted KADEEM FOREMAN (D.O.B. 8/6/89) of second-degree murder, assault and battery with a dangerous weapon, and unlawful possession of a firearm in connection with Jones’ 2010 homicide and the non-fatal shooting of a then-19-year-old man.  The same jury found TERRELL RAINEY (D.O.B. 8/14/89) guilty of manslaughter.

In their appeal, the men claimed that there was insufficient evidence to support their convictions.  In an unpublished decision issued today, the Appeals Court justices disagreed.

“Because the shots inferably were fired moments before police arrived on the scene, and Foreman and Rainey were engaged in an armed assault against the apartment foyer when police observed them, a rational jury could also infer either that Rainey or Foreman fired the fatal shot or that a third person, with whom Rainey and Foreman had joined in the assault, fired the shot and fled before police arrived,” the court stated. “That Rainey acted in concert with Foreman is supported by Rainey’s use of hand gestures directed toward Foreman as he was shooting toward the door, as well as the fact that the two of them fled and hid together before they were found by police behind a tree.”

During the course of a 10-day trial, Suffolk prosecutors presented evidence to prove that Boston Police were in the area of the fatal shooting in the early hours of May 22, 2010, when they heard gunshots and observed Rainey and Foreman backing away from 138 Harvard St.  Foreman had a gun in his hand and was observed firing at least one more shot at the building’s metal door before the men fled.

Jones and the second victim were inside the building’s foyer and were each struck when two bullets pierced the metal door, the evidence proved.  Jones was struck in the abdomen and fled up a flight of stairs before collapsing on the building’s second floor; she later died of her injuries at Boston Medical Center.  The male victim was struck in the arm and survived.

Officers pursued Foreman and Rainey and located them attempting to hide behind trees in a vacant Gleason Street lot.  Along their path of flight, police recovered a .38 caliber revolver and a .380 caliber semiautomatic handgun that bore Foreman’s palm print.  Ballistic testing showed that both guns had been fired at the victims but that neither of the guns had fired the shots that struck them.  That weapon was never recovered.

Assistant District Attorney Mark Zanini prosecuted the case at trial.  Assistant District Attorney Dara Kesselheim of the DA’s Appellate Unit argued the case on appeal.  Foreman was represented on appeal by Leslie O’Brien and Rainey by Elizabeth Billowitz.

–30–

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