MURDER CONVICTION IN NEW YEAR’S EVE ’06 HOMICIDE

A Suffolk Superior Court jury today found a New Hampshire man guilty of second-degree murder for the 2006 fatal shooting of 20-year-old Cushings Fortuna after a physical confrontation near South Station, Suffolk County District Attorney Daniel F. Conely announced.

Jurors late today also convicted SEAN EVELYN (D.O.B. 2/22/86) of unlawful possession of a firearm for the Glock .40 semiautomatic firearm from which Evelyn fired seven rounds at Fortuna, hitting the victim three times. They acquitted him of an additional count of possession of a Class B substance for two bags of crack cocaine that Boston Police later found in a secret compartment within his vehicle.

“Jurors heard evidence of a physical confrontation that preceded the shooting,” Conley said. “They rejected the notion that it justified killing Mr. Fortuna. They saw the defendant’s acts for what they were – murder.”

During three days of testimony, Assistant District Attorney Holly Broadbent demonstrated that Evelyn and Fortuna encountered one another by chance at South Station on New Year’s Eve 2006. Apparently because of some prior dispute, Fortuna confronted Evelyn in an altercation that briefly became physical. Evelyn was not physically injured.

In the aftermath of that altercation, the evidence showed, Evelyn returned to his Mercedes Benz, opened a secret compartment under the dashboard, and retrieved the murder weapon. He then ran after Fortuna, firing two shots at him on Atlantic Avenue and another five near the intersection of South and Beach streets. Three of those five struck Fortuna, killing him.

As Evelyn chased Fortuna down, Evelyn’s girlfriend fled the scene in his Mercedes Benz. Boston Police responding to 911 reports of the shooting spotted the vehicle and pulled it over a short distance away. Evelyn subsequently surrendered to police on Jan. 2, 2007.

Judge Frank Gaziano will sentence Evelyn on Monday, July 13. Evelyn faces a mandatory life term with the possibility of parole after 15 years. Members of Fortuna’s family are expected to address the court at that time.

Evelyn was represented by attorney John Hayes.