SJC Upholds Malden Man's 2001 Murder Conviction

MALDEN, MA — The Supreme Judicial Court has upheld the murder conviction of Daniel Mason, a former Boston University medical student who shot two men, one fatally, and killed their dog in their Jamaica Plain apartment in 2001.

Mason, a Malden resident, was convicted of first-degree murder, armed assault with intent to murder, animal cruelty and other related offenses. He filed an appeal earlier this year arguing error on the part of trial counsel, the prosecutor and the judge, and sought a new trial.

Authorities said shortly before 5:30 a.m. on March 2, 2001, Mason broke into the apartment of Michael Lenz, 25, and Gene Yazgur, 28, and opened fire on them as they slept. Mason shot Lenz first, and Yazgur tried to shut his door when he heard the gunfire, prosecutors said. Mason partially kicked in Yazgur's door and shot through the opening, alternating between shooting at each man, as well as Yazgur's dog, for several minutes before leaving the apartment, prosecutors said.

Lenz was shot in his head, chest and wrist and died two hours later. Yazgur sustained gunshot wounds to his face, back, hand and each thigh but survived after undergoing multiple surgeries and being placed in a medically induced coma for more than two weeks. Yazgur's dog was shot five times and died at the scene.

The state's case against Mason was circumstantial. Yazgur described the shooter as matching Mason's build but said he could not see his face. A witness saw a man walking near the victims' home around the time of the shooting who matched Mason's build and wore clothes and carried a bag resembling those later seized from Mason's home.

Less than an hour after the shooting, Mason was driving away from Jamaica Plain when he hit a car in front of him. The other driver told police Mason refused to provide his name or driver's license and tried to pay for the damage in cash. The passenger in the other car noticed two bags in Mason's car, court documents stated.

Mason asked his roommate to say he had not left their apartment the night of the shooting, and that he had never seen guns or explosives in the apartment, prosecutors said. Mason, who was 35 years old at the time of the murder, was a former member of the Israeli Defense Forces and claimed to be a trained assassin. Yazgur testified that the gunshots were "very measured" and not quick, lending credence to evidence that Mason was a trained marksman, according to court documents.

The murder weapons were never found, but prosecutors said Mason's uncle owned two handguns that matched the bullets and shell casings recovered from the scene. They alleged that the guns may have been stored in Mason's apartment prior to the shooting.

Prosecutors also pointed to bad blood between Mason and Yazgur, stemming from a traffic dispute in 1997. During an argument over Yazgur's truck blocking his car, Mason pulled a knife and sliced off part of Yazgur's ear. Mason was convicted of assault and placed on probation, and Yazgur filed a civil suit two years later.

Prosecutors said the day before the murder, Mason had been served an execution of judgment awarding Yazgur $118,000. Mason vowed that the man would "never see a penny," and he would kill Yazgur first, according to court documents.

Mason's defense argued at trial that there was very little physical evidence tying him to the shooting and challenged his motive against Yazgur. The defense also suggested that authorities had not fully investigated people who might target Lenz rather than Yazgur.

Mason claimed, among other points, that jurors were not properly vetted to determine potential anti-Jewish bias. He also contested testimony providing context for his hostility toward Yazgur and argued that his uncle's testimony about access to firearms "insinuated by negative inference" that he used the guns in the shooting.

The SJC found that testimony provided evidence of means and motive for the shooting. The court upheld Mason's conviction Tuesday.