Nobody knew Shon McHugh would brutally murder Yngve Raustein the night he bumped into the 21-year-old MIT student from Norway in September 1992.i.ii
Tragically, McHugh killed a defenseless Raustein seconds after their random meeting on a Memorial Drive sidewalk in Cambridge MA.
Tried in 1993 as a juvenile because he was only 15, McHugh served less than 11 years for his crime.
Joe Donovan and Alfredo Velez accompanied McHugh on that fatal night.
Donovan was 17 in September 1992. Evidence and eyewitness accounts from the fateful night proved that Donovan started the altercation after exchanging words with Raustein.
Because of his actions (punching Raustein) and because a total of $33 was stolen during the altercation, Donovan was tried as an adult in 1993 for first degree murder under the ‘felony murder’ theory of law. This theory of law holds all parties culpable if a murder takes place in the commission of a felony.
In exchange for leniency, Velez cut a deal, pleading guilty to manslaughter charges. His testimony, specifically that the three teens plotted to ‘break into lockers’ at MIT, formed the basis of the underlying felony required to prosecute Joe Donovan for felony murder.
Donovan, who was unarmed during the confrontation with Raustein, insisted his crimes included assault and battery and underage drinking, not armed robbery. He rejected a plea bargain offer of second degree murder in exchange for testimony against McHugh.
Though the state conceded that McHugh’s act was a totally unplanned, spur-of-the-moment crimeiii, the jury convicted Donovan of armed robbery, which therefore meant an automatic first degree murder conviction under the joint venture theory of law.
As a result, Joe Donovan is serving a life sentence in prison for Raustein’s murder – even though he did not murder the MIT student.
Donovan has taken responsibility for his role in Raustein’s horrific murder, specifically by reaching out to the Raustein family in February 2009.iv
The family, friends and supporters of Joe Donovan have made the case that he has fully paid for his role in the crime by being imprisoned since 1992. They hope that others agree with their belief that Joe deserves another chance and is ready to make a positive contribution to society.
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i Trial testimony: Alfredo Velez, Joseph Donovan, Shon McHugh, Arne Fredheim
ii Trial testimony: Alfredo Velez
iii Trial testimony: Alfredo Velez
iv Joseph Donovan Letter to Inghild Raustein, February 2009
