Press Release  SJC Upholds 2004 Murder Conviction

Boston, Massachusetts — The state’s highest court upheld the first-degree murder conviction of a Lawrence man who shot Aneury “Willy” Guzman in the head on Haverhill Street in Lawrence on April 1, 2004.

In a decision released today, the Supreme Judicial Court upheld the first-degree murder conviction of Luis Penn, 29, finding that there was sufficient evidence to support the conviction.  Penn had argued on appeal that there was insufficient evidence that he was the shooter and that his co-defendant, Benjamin Serrano, had the motive to kill Guzman and was, in fact, the shooter.  Serrano was convicted of second-degree murder under the joint venture theory.

The key evidence in support of Penn’s conviction was eyewitness testimony that the shooter was taller than the victim, stating that the shooter’s chin “nearly touched the center of the victim’s forehead.”  Penn was five inches taller than the victim and his co-defendant was an inch shorter than the victim.  This testimony was corroborated by the findings of the Medical Examiner who found that the victim died from a single gunshot wound at the top of the head.  The path of the bullet was “downward.”

At trial, prosecutors presented evidence that proved that on the evening of April 1^st, Serrano was looking for Guzman because Guzman was dating Serrano’s ex-girlfriend.  When Serrano found Guzman, he pulled a gun and threatened to kill him.  Guzman’s friends urged Serrano to “fight him with his hands.” Serrano called to Penn, who was hiding in a nearby ally, by his street name “Fifty,” and asked Penn to hold the gun while he fought Guzman.  As they fought, Penn pointed the gun at Guzman’s friends.  Eventually Guzman got away and Penn went after him and shot him in the head. 

The law now requires that Penn be eligible for parole after 15 years since he was 17 when he committed the murder.  Penn was sentenced on January 19, 2007.

Essex Assistant District Attorney Kenneth Steinfield represented the Commonwealth and Attorney Dana Curhan represented the defendant.

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