Summary of Commonwealth v. Atencio, Supreme Judicial Court of Massachusetts (1963)

Defendant: The two defendants were involved in a Russian roulette with the deceased. They loaded a revolver with one cartridge and the first defendant put it to his head and pulled the trigger and nothing happened. Then the second defendant did the same, and once again, nothing happened. Then the deceased pulled the trigger and the gun went off and the deceased died immediately. Both of the defendants were convicted for manslaughter.

Issue: Do the defendants hold responsibility for the death of the deceased?

Holding: Yes

Key Facts: The defendants made the argument that Russian Roulette is similar to drag racing and just like the drivers are not responsible for the deaths of their fellow drivers, they should also not be responsible for the death of their fellow player. But the court rejected this argument and stated that in drag racing, the deceased driver’s driving skills have a lot to do with the death, but in Russian Ruulette, it is pure luck.

Legal Reasoning: The court ruled that the defendants had no legal duty to stop the deceased from aiming the gun to his head and pulling the trigger, but they did have the legal responsibility to not participate in this deadly game. The defendants actions encouraged the deceased to shoot himself and the defendants should be held liable for their reckless behavior. The conviction was affirmed.