Massachusetts man convicted of killing 17-year-old in Norfolk County granted parole with conditions

A Massachusetts man has been granted parole with conditions after murdering a teen.

According to the Parole Board, on June 27, 2007, at about 5:00 p.m., 16-year-old Malcom Carnes shot and killed 17-year-old Ezekiel Cuthbert at the Mutual Gas Station in Randolph.

Investigators obtained a description of the suspect – a thin black male wearing a white t-shirt, dark shorts, and a backpack. They also learned the direction in which he had fled. Approximately two hours after the shooting, investigators identified two witnesses on Waldo Street, which runs parallel to Stacey Street, where the suspect had last been observed fleeing. One of the witnesses reported that, at about 5:30 p.m., he saw a thin black man with a backpack, wearing a white t-shirt and dark shorts, run from behind the bushes at the rear of a Stacey Street home to a shed in the neighboring backyard. The witness momentarily lost sight of the individual as he went behind the shed area, but the witness heard a noise like something had hit the shed. The individual then reappeared without the backpack, retraced his steps though the rear yard, and continued in a northerly direction toward Waldo Street. 

A detective looked in the area behind the shed and discovered a backpack. Inside, the detective observed a pink towel and the butt end of a firearm. Investigators interviewed two residents of the Stacey Street home upon which property the shed was located. The teenage son told police that Carnes was his best friend and that he had witnessed the shooting. Carnes was arrested shortly after midnight at his grandparent’s home in Boston. 

On July 28, 2010, following a jury trial in Norfolk Superior Court, Carnes was convicted of murder in the second degree for the death of Cuthbert. He was sentenced to life in prison with the possibility of parole. Parole was denied following an initial hearing in 2022. On May 23, 2024, Malcolm Carnes appeared before the Board for a review hearing.

Carnes is now 33 years old and has been incarcerated since he was sixteen. The Board stated that he documents a troubled and traumatic youth. Carnes’ early transition to incarceration reflected multiple disciplinary reports. Since 2022, he has been disciplinary report free. He has engaged in six rehabilitative programs since his last hearing. He has completed Restorative Justice, Correctional Recovery Academy (CRA), and Criminal Thinking, among others. He also has done vocational training. The Board considered Dr. Tabashneck’s forensic evaluations and review of Carnes’ parole plan. Carnes has family support and possible job opportunities in the community. Multiple family members of Carnes spoke in support of parole. Norfolk County Assistant District Attorney Michael McGee spoke in opposition to parole. 

The Board concluded by unanimous decision that Carnes has demonstrated a level of rehabilitation that would make his release compatible with the welfare of society. 

Special conditions for parole include: Waive work for Long-Term Residential Program; Curfew – must be at home between 10 PM and 6 AM or at Parole Officer’s Discretion; Electronic monitoring for first 6 months upon release, and then, if to continue, at Parole Officer’s recommendation to the Board for a Change of Vote; Supervise for drugs – testing in accordance with agency policy; Supervise for liquor abstinence testing in accordance with agency policy; Report to assigned MA Parole Office on day of release; No contact with victim(s)’ family; Must have an updated mental health evaluation for history of ADHD; Must have substance abuse evaluation and must comply with recommended treatment plan; Counseling for adjustment and transition; Long-Term Residential Program.