Murder conviction upheld in Scotty Monteiro Jr. case

The first-degree murder conviction of a 26-year-old New Bedford man, who was charged with shooting a Wareham man in the face during a house party in 2009, was upheld by the Massachusetts Supreme Judicial Court on Monday.

In April 2013, Vernon Carter was sentenced to life in prison without parole for the death of 21-year-old Scotty Monteiro Jr. following an attempted robbery.

“Scott Monteiro intervened as a peacemaker on behalf of his friend who was being robbed,” said Plymouth County District Attorney Timothy Cruz.  “Tragically, he ended up as an innocent victim of senseless gun violence. I hope Mr. Monteiro’s family and friends find some justice now that the state’s highest court has affirmed Mr. Carter’s first degree murder conviction.”

Monteiro’s death spurred his family and friends to create the “Scotty Monteiro Jr. Foundation, Stop the Violence,” a nonprofit organization that supports anti-violence educational programs. The foundation holds fundraisers including an annual golf tournament at Bay Pointe Country Club and an annual Texas Hold ‘Em poker tournament.

The foundation’s co-founder and Treasurer Wendy Monteiro, who is Scotty’s aunt, said the decision brought the family closure.

“There was always that thought in the back of our minds that, until this happened, we wouldn’t be able to breathe freely,” she said. “We’re happy to know we’re never going to have to deal with this again.”

In addition to murder, Carter was convicted of armed robbery, assault and battery, possession of a firearm and possession of ammunition. He appealed the decision saying errors were made during the trial related to several procedures.

On review, the Supreme Judicial Court ruled that the armed robbery conviction was redundant and dismissed it, “because it was the predicate felony for his felony-murder conviction, the only theory on which the jury found him guilty of murder in the first degree.”

The ruling was part of the court’s 29-page decision, which did not affect Carter’s other convictions.

According to the decision, Monteiro tried to stop Carter from stealing a gold chain necklace from then 17-year-old Sheldon Santos of Onset at gunpoint during a party.

The party started at approximately 10 p.m. on Sept. 4, 2009 when a group of 20 to 30 people, all in their late teens or early 20s, gathered at a Wareham home. Monteiro arrived with three friends, including Santos.

Trouble started when a group from New Bedford arrived and the mood of the party became “tense,” according to the decision.

Most of the New Bedford group left after some time, but within a few minutes two to five people from the group returned and surrounded Santos who was sitting on a couch. Carter then pulled a gun on Santos and asked for the chain.

According to court documents: “Monteiro then stood up, held his hands out with palms facing up, and calmly said, ‘Chill, we are all just chilling.’”

Carter then shot at Monteiro three times, and one bullet hit him above his right eye.

According to the Supreme Judicial Court’s ruling: “the evidence was more than sufficient to establish that the defendant was an ‘active [participant] in the crime’ and ‘shared the necessary intent’ to carry out the crime.’”