Commonwealth v. Magadini

52 N.E.3d 1041 (2016)

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Nature of the Case

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Facts

D was charged with trespassing on three properties. D was barred from each property by no trespass orders. All of the no-trespass orders were in effect at the time the charges were brought against D. On February 21, March 4, and March 6, police found D lying in a hallway by a heater during the evening, nighttime, or early morning hours of days described as “cold” or “very cold.” On February 21, March 4, and March 6, police found D lying in a hallway by a heater during the evening, nighttime, or early morning hours of days described as “cold” or “very cold.” On April 8, a day described as “cool,” police observed d walking through a common area in the Barrington House toward the front door. Two charges stemmed police had finding D lying on the floor in the lobby next to a heater during periods of cold weather. The first incident occurred between 8 a.m. and 10 a.m. on February 20. The second incident occurred at approximately 6:30 a.m. on March 28; Dt was sleeping. On June 10, D entered SoCo Creamery, ignored requests by the clerk to leave the premises, and used the bathroom for ten to fifteen minutes. D admits that he violated all of the trespass orders. D became homeless after he moved out of his parents' home in 2004. The “landlord,” who “wanted D out,” refused to allow him to return. D generally lived outside year-round, but during the winter months, he tried to “find a more sheltered area” from the “ice and a snowstorm.” When the weather was severe, he would seek shelter in private buildings. D had stayed at a local homeless shelter but was asked to leave due to “certain issues.” D was a sixty-seven-year-old unemployed college graduate. D had money to pay for an apartment but could not because of upfront fees. The judge refused the requested necessity defense. D was convicted on all 7 counts and appealed.