The Massachusetts Appeals Court ruled last Thursday to uphold the conviction of the Brockton man who killed a woman in a fatal car crash and injured nearly 8 others. In its decision, the court stated that the defendant should have known he was creating a strong likelihood of death of another person based on his mere actions; he led the police on a high-speed chase during rush hour through a busy area of town, and committed multiple major traffic infractions before ultimately running the red light at the intersection where Marianne Kotsipoulos was killed. The judge concluded the evidence was sufficient to prove a third prong theory of malice and therefore upheld the second degree murder conviction.
Following his conviction of second degree murder in 2014, Antwoin Moore moved to reduce the second degree murder verdict to a lesser offense, citing that the Commonwealth failed to prove the third prong of malice.
At the time of the incident, detectives of the Brockton Police Department were conducting a narcotics investigation, when they noticed a Chevrolet Trailblazer fail to stop at a marked stop sign. The detectives activated their blue lights, and the driver of the Trailblazer later identified as Antwoin Moore, fled the area; officers noting that the car was swerving in and out of lanes at a high rate of speed. The chase ultimately led to a major car accident at a Brockton intersection, where Marianne Kotsipoulos was killed as a result.