Roslindale Convict's Appeal Denied for Fatal Shooting on MBTA

The Massachusetts Supreme Judical Court denied appeals by two Boston gang members who tried to shoot a rival in 2003, but instead shot a pregnant woman, killing her unborn baby after an emergency Caesarian section.

Andre Green, 29, of Boston, and Chimezie Akara, 30, of Roslindale, will serve out their life sentences without the possibility of parole, as directed by a 15-page decision by the Supreme Judicial Court on Tuesday, according to a statement from Suffolk County District Attorney Daniel Conley.

On Feb. 5, 2003, the victim, a 29-year-old Lynn resident at the time, was rushed to Boston Medical Center for emergency surgery, and Baby Boy Barry, was delivered about six months early but, according to medical testimony, would have survived if not "for his grievous injuries."

In a 2007 trial, it was proven that Akara and Green were on board an MBTA Orange Line train at the Mass Ave T-station just before 8 p.m. when they opened fire on a rival. 

“These two men opened fire on a crowded subway train,” said Conley via statement. “In their attempt to shoot a rival, they put everyone else at risk. And who did they hit? A pregnant woman with no stake in their drama. Who did they kill? An infant who lived for less than an hour before succumbing to the injuries they inflicted. There can be no second chances for these two men. There can be no excuses for their behavior.”

The unanimous decision, authored by Justice Fernande Duffly, noted that evidence at trial was sufficient to convict either defendant as the gunman, or the one who aided and abetted the gunman.

“Because the evidence supports each alternative finding, the jury could have found beyond a reasonable doubt that both defendants ‘knowingly participated in the commission of the crime[s] charged … with the intent required for [those] offense[s],” Duffly wrote, quoting a 2009 SJC decision, according to a press release.