BOSTON, March 17, 2017—Prosecutors today filed paperwork temporarily withdrawing charges against a Jamaica Plain man amid the investigation into a shooting last year that seriously injured a 9-year-old girl, Suffolk County District Attorney Daniel F. Conley said.
“As prosecutors, our job is to ensure that we have a solid foundation for every case we bring to court,” District Attorney Conley said. “There is nothing more important to me than the integrity of our work and our cases.”
The filing, known as a nolle prosequi, suspends the prosecution of DOMINIQUE FINCH (D.O.B. 6/21/89) in Roxbury Municipal Court, where he was arraigned Feb. 10 for assault with intent to murder and other offenses connected with the Oct. 9 shooting on Annunciation Road, and notes that the decision comes amid an ongoing review of evidence in the incident.
“[B]ased on further investigation and a careful review of the current state of the evidence, the Commonwealth may not be able to sustain its burden of proving every element of the crimes charged beyond a reasonable doubt,” prosecutors wrote in the filing. “The Commonwealth specifically reserves the right to initiate new charges against the defendant arising out of his alleged conduct in this matter should additional evidence be discovered.”
The American Bar Association’s ethical codes do not allow prosecutors to “permit the continued pendency of criminal charges in the absence of sufficient admissible evidence to support a conviction.” Withdrawing the case against Finch while continuing to investigate the shooting with Boston Police detectives was the just and appropriate step under the circumstances, District Attorney Conley said.
Prosecutors renewed their call for anyone with knowledge of the shooting to share it with authorities, and reminded members of the public that state witness protection funds are available for anyone who may fear retaliation for their cooperation.
All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.