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Driver challenges possession and 'loaded' findings; appeals court hears disputed video evidence
Summary
In Commonwealth v. Vasquez, defense counsel said bodycam video undercuts officer testimony and argued the evidence was insufficient to show the driver constructively possessed a firearm or that it was 'loaded'; prosecutors said officers’ observations, furtive movement, and other circumstantial factors permit a jury to infer dominion and intent.
Charles McGinty, representing Kristen A. Vasquez, argued that the driver could not be convicted on constructive-possession and loaded-firearm counts because she did not have control over the firearm, the gun’s placement made it difficult to see, and the bodycam footage undermined the officers’ account. McGinty emphasized that the…
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