Appeals Court Affirms Convictions Against Shane Spencer

WORCESTER, MA- A man who was found not guilty of a drive-by murder will not be able to appeal his 2013 firearms conviction after an appeals court affirmed the convictions and rejected his arguments.

Shane Spencer, who was charged with possession of a firearm and ammunition in 2013, was accused of gunning down Luis A. Arocho-Ortiz in a drive-by shooting outside 120 Southgate St. in July 2006. A Supreme Court jury ruled Spencer was not guilty for the murder of Arocho-Ortiz in 2013 while convicting him of weapons possession. After a second trial before another jury, Spencer was convicted on charges under the Massachusetts Armed Career Criminal Act, based on a prior conviction of assault and battery by means of a dangerous weapon.

The court rejected Spencer's appeal argument, which cited an improper jury instruction led to his conviction of a crime that was not charged in the indictments, that Spencer's motion to dismiss the trial was denied and that Spencer had poor representation. The court also rejected Spencer's appeal that there was not sufficient evidence that he possessed ammunition and that his case should be remanded for specific findings on his motion to dismiss for failure to grant a speedy trial.

The appeals court affirmed the firearms convictions that were against Spencer.

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