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Commonwealth Prevails In Appeal Of Gun, Assault Convictions Against Brockton Armed Career Criminal

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Contact: Beth Stone (508) 584-8120

BROCKTON – The Massachusetts Appeals Court has affirmed the convictions against a Brockton man who was convicted of firing a gun at a car with three people inside, Plymouth County District Attorney Timothy J. Cruz has announced.

In August, 2017, a Plymouth County jury convicted Troy Harrigan, now 31, of three counts of Assault with a Dangerous Weapon (to wit “Firearm”), one count of Unlawful Possession of a Firearm and one count of Discharging a Firearm within 500 Feet of a Building. As a result of the guilty verdict, Harrigan faced a subsequent trial for enhanced penalties under the Armed Career Criminal statute. He pleaded guilty to the charge and was sentenced to serve 10-15 years in State Prison concurrent with the sentences on the other charges.

On July 17, 2015, at approximately 12:19 a.m., Brockton Police responded to a 911 call for a report of shots fired at a vehicle with three females inside. Upon arrival, the victims told police they were parked at the intersection of Carol and French Avenues waiting to pick up a friend. As they sat inside the parked vehicle, a male approached their vehicle and placed his hand near his waistband. The driver became scared and left the area. As they drove off, the male pulled out a gun and fired once in the vehicle’s direction and twice into the air. The vehicle was not struck by any of the projectiles and the victims were not harmed. Harrigan was located at 66 French Avenue, where Brockton Police found three spent 9 mm shell casings. All three victims in the case positively identified Harrigan as the shooter and he was placed under arrest.

Harrigan appealed his convictions to the Massachusetts Appeals Court, raising issues regarding eyewitness identifications, jury instructions, closing argument, and predicate offences under the Armed Career Criminal statute.

Today, in an unpublished decision, the Appeals Court upheld the defendant’s convictions.

Assistant District Attorney Audrey Anderson handled the case before the Appeals Court while Assistant District Attorney Brian Fahy prosecuted the case at trial.

September 30, 2019