At trial, the Commonwealth displayed a social media video, observed by the police, that showed Mr. DeJesus handling the firearm. The video led the police to a house. They entered the house through a partially open basement door that lead to an area that appeared to be where the video had been filmed. There they found the firearm depicted in the video inside an open backpack. Mr. DeJesus was found at the scene and arrested.
At trial, the judge instructed the jury that Mr. DeJesus was not charged with possessing the firearm at the time of the search, but rather when the video was filmed. On this evidence the jury found Mr. DeJesus guilty.
On appeal, Mr. DeJesus argued, more or less, that video evidence was insufficient to prove possession of a firearm, particularly where he was not in possession of the firearm at the time he was arrested. The court disagreed, pointing out that the video showed Mr. DeJesus holding the firearm and posturing with it, and mimicking the action of aiming and firing the firearm. The court concluded: “This evidence was sufficient to show that [Mr. DeJesus] had the power to handle the firearm . . .” and affirmed the conviction.
Morale: Do not post videos of yourself committing a crime.
