The state’s highest court today upheld the 2005 first-degree murder conviction of a man who shot a beloved neighborhood store owner to death for a day’s worth of cash receipts, Suffolk County District Attorney Daniel F. Conley announced.

The Supreme Judicial Court affirmed the conviction of DANILO LOPES (D.O.B. 1/23/73) for the April 23, 2001, fatal shooting of 45-year-old Jorge Fidalgo, the owner of Davey’s Supermarket in Roxbury and a prominent member of Boston’s thriving Cape Verdean community. Members of Conley’s Homicide Unit proved at trial that Lopes and another man, ISAIAS SEMEDO, undertook a robbery plot that ended when Lopes shot Fidalgo in the head.

“Even years later, the death of Jorge Fidalgo resonates in Boston,” Conley said. “He was a good neighbor and a good friend to everyone who knew him. We can’t bring him back, but we can do everything in our power to ensure that those who killed him don’t escape justice for their actions.”

Lopes claimed on appeal that certain evidence should not have been entered into evidence, including his tape-recorded confession to Boston Police homicide detectives two days after Fidalgo’s murder.

“The defendant was twice given complete Miranda warnings,” Justice Ralph Gants wrote in the 17-page decision. “Both times the defendant was read each right verbatim from a form, and stated that he understood each right, and signed his name to the form indicating that he understood the rights and waived them voluntarily and wished to make a statement …. Assessing the totality of circumstances, we conclude, as did the trial judge, that the defendant’s confession was voluntary.”

Prosecution testimony at trial proved that both Lopes and Semedo were familiar with Fidalgo – Lopes through his father, who was Fidalgo’s good friend, and Semedo who knew the victim personally himself. Testimony also showed that the pair planned to rob Fidalgo well in advance of the actual crime.

On the morning of the homicide, evidence demonstrated, the defendants watched as Fidalgo left the store and headed to the bank with the previous day’s cash receipts. As Fidalgo travelled in his minivan on Clarence Street, Lopes and Semedo intercepted him and blocked his path with their own van.

When Fidalgo stopped short to avoid hitting the van, evidence showed, Lopes jumped out with a gun, ran up to Fidalgo’s window, and demanded money. Fidalgo gave him one bag of money and, as he was reaching for another, Lopes shot him under his left ear.

Fidalgo died of his injuries. Lopes and Semedo fled to Brockton, splitting about $4,000 in cash. Both were charged after the van was found to match the description of a vehicle believed to be involved in the robbery and Lopes admitted his involvement in the fatal shooting.

Assistant District Attorney Mark Lee, deputy chief of Conley’s Homicide Unit, prosecuted the case at trial. Assistant District Attorney Macy Lee of the DA’s Appeals Division argued the case before the SJC. Lopes was represented by attorney Esther J. Horwich.