Commonwealth v. Mark D. Eldridge.
── Commonwealth v. Mark D. Eldridge. ──
Court: Massachusetts Appeals Court
Date: May 21, 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-122
COMMONWEALTH
vs.
MARK D. ELDRIDGE.
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
A District Court jury convicted the defendant, Mark D.
Eldridge, of assault and battery on a family or household member
and assault by means of a dangerous weapon. On appeal, the
defendant argues that the trial judge erred in limiting his
cross-examination of the victim and in excluding certain
documents and the testimony of a U-Haul employee about the
victim's demeanor in a telephone call. We affirm.
Background. We summarize the facts, as the jury could have
found them, in the light most favorable to the Commonwealth.
Commonwealth v. Tejada, 484 Mass. 1, 2, 4 (2020). On July 19,
2023, the victim and the defendant, who had been married for six
years but were recently separated, agreed to meet at a U-Haul
storage facility so that the victim could obtain her personal
belongings. When the defendant arrived, he confronted the
victim regarding the fact that her new boyfriend had accompanied
her to the storage unit. The defendant said to the victim that
she had three seconds "to get rid of that turd" before the
defendant killed him. The defendant then walked back to his
truck, opened a toolbox, and grabbed a hammer. He charged at
the victim and pinned her against the passenger door of her car.
The defendant then smashed the windshield, the passenger window,
and the car door with the hammer and struck the victim's nose
with the hammer, grabbed her arm, and pushed her against the
car. When police officers arrived, the victim's face and arms
were covered in blood. The defendant told the police officers
that the victim had attacked him and when police asked the
defendant how the victim was injured, he responded that the
victim "probably hit herself."
At trial, the defendant was the sole witness for the
defense, presenting a theory of self-defense. He claimed that
the victim and her new boyfriend had arrived at the storage unit
as part of a preconceived plan to attack him. The defendant
testified that the victim had punched him in the face and chest,
kicked him, and spat at him. The defendant testified that he
was afraid of the victim's boyfriend, who had threatened to kill
him, so he picked up a hammer from his toolbox to defend
2
himself. Finally, the defendant denied hitting the victim but
admitted that he had smashed the windshield of the victim's car
to prevent her from driving away.
Discussion. 1. Cross examination of witness. The
defendant claims that the judge erred by not allowing him to
cross-examine the victim about an allegation that the defendant
had made in an application for a criminal complaint. In that
application, the defendant alleged that the victim had
threatened the defendant that if he did not meet her financial
demands in the divorce proceedin
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}