“Alleged Murderer’s Attorney Files Motion for Not Guilty on Charges, Claiming Lack of Evidence”

By | August 18, 2023

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The attorney representing Braedyn Baraby, who is accused of murder, has filed a motion for not guilty on three of the charges against him. The attorney argues that there is insufficient evidence to support the charges. The motion was rejected by the judge. The defense claims that Baraby’s co-defendant was the one who fired the fatal shot. The prosecution is using the legal theory of joint venture to prosecute Baraby. The trial is ongoing. Aaron Curtis reported

LOWELL — Braedyn Baraby, the alleged murderer, is represented by attorney Carolyn McGowan, who asserts that her client did not fire the fatal shot that killed Adrian Kimborowicz. McGowan filed a “motion for required finding of not guilty” on three of the four charges against Baraby, including first-degree murder. However, the motion was rejected by Judge Kenneth Salinger. McGowan argued that the prosecutors failed to present sufficient evidence to support the charges. The defense pointed to evidence suggesting that Baraby’s co-defendant, Christian Lemay, fired the fatal shot.

The motion was filed after the prosecution rested their case on the third day of Baraby’s murder trial in Middlesex Superior Court. The charges in the motion included armed assault with intent to murder and attempted assault and battery by discharging a firearm, which were linked to shots allegedly fired at Kimborowicz’s close friend, Osvaldo Luna. McGowan highlighted the evidence, including a cellphone video, which showed Baraby with a gun in hand moments before the gunshots were heard. A ballistic expert testified that the firearm in Baraby’s possession was not the weapon that killed Kimborowicz.

However, the rejection of the motion does not exclude Baraby from a potential murder conviction. The Middlesex District Attorney’s Office is using the legal theory of “joint venture,” which does not require proving that Baraby fired the fatal shot. Instead, the prosecution must demonstrate beyond a reasonable doubt that Baraby knowingly participated in the murder and shared the required criminal intent.

To challenge this legal theory, McGowan presented the cellphone video frame by frame to argue that Baraby could not have fired the shots at Kimborowicz and Luna because Lemay was standing in front of him. However, the prosecutor countered that Baraby’s movements indicated an attempt to create separation from Lemay to shoot at the victims.

Judge Salinger rejected McGowan’s motion, stating that the jury would need to assess the evidence. He stated that even if they could not conclude that Baraby had the opportunity to shoot at Kimborowicz or Luna, they could infer a shared intent based on the overall evidence.

The shooting allegedly resulted from revenge sought by Baraby against Luna, who had stolen marijuana from him months earlier. Lemay, Baraby’s co-defendant, was found not guilty of all charges in May.

With the prosecution’s case closed, the defense will call one witness to testify. The trial will resume on Monday, and the jury is expected to begin deliberations the same day. The jurors visited the crime scene on Thursday, accompanied by the attorneys, court officers, and Judge Salinger. They were taken to the home where Kimborowicz and Luna lived at the time of the shooting and then walked to the intersection where the incident occurred.

Follow Aaron Curtis on Twitter @aselahcurtis.