Commonwealth v. Kristen A. Vazquez.

── Commonwealth v. Kristen A. Vazquez. ── Court: Massachusetts Appeals Court Date: May 18, 2026 Category: General NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule 23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28, as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT 25-P-1308 COMMONWEALTH vs. KRISTEN A. VAZQUEZ. MEMORANDUM AND ORDER PURSUANT TO RULE 23.0 Following a bench trial in the District Court, the defendant, Kristen A. Vazquez, was convicted of carrying a firearm without a license and carrying a loaded firearm without a license. On appeal, the defendant argues that the judge erred in denying her motion for a required finding of not guilty because the Commonwealth did not prove that she possessed and controlled the firearm or that she knew the firearm was loaded. We agree and reverse. Background. On October 15, 2022, at around 2 A.M., Lieutenant Julio Toledo was parked in an unmarked police car in downtown Springfield, when the police car was hit by a car driven by the defendant. In addition to the defendant, there were two passengers in the car: a woman in the backseat and a man in the front passenger seat (passenger). As Toledo approached the defendant's car, he saw the passenger "reaching towards the driver's side, down and away, and [he] couldn't see [the passenger's] left hand." The defendant immediately got out of her car and said, "I know I hit your car." Toledo told her to get back in the car and asked how much she had to drink that night; seconds later, Toledo asked her to step back out. Toledo told another officer, who had recently arrived on the scene, to have the passenger step out of the car, and "pat him down for [the officers'] safety," and warned him to "watch [the passenger's] left hand." The defendant then leaned into the car and repeated what Toledo said to the passenger; Toledo interpreted the defendant's movements as trying to block his view of the inside of the car. An officer pat frisked the passenger and "then [the passenger] abruptly, suddenly, without warning entered a full sprint to the alleyway." When both the defendant and the passenger were outside of the car, the woman in the backseat was moving a blanket and "making exaggerated movements towards the front of the [car]." The woman was later asked to get out of the car and "back away from the traffic stop." The passenger and the woman were never identified. As Toledo administered a field sobriety test, an officer searched the passenger side and center console of the car, and 2 after the officer did not find anything, Toledo said "its not in the center console?" The defendant told Toledo that she had just picked up the car that morning and did not have anything in it. Toledo resumed the field sobriety tests and arrested the defendant for operating under the influence. Toledo then conducted an inventory search of the car and found a firearm in between the driver's seat and the center console. Toledo commented that the passenger's hand "was over there," and another officer said, "that explains why your boy took off." Toledo testified th