Commonwealth v. D.S. – Brockton District Court

ATTORNEY GERALD J. NOONAN GETS DOMESTIC VIOLENCE CHARGE AGAINST BRIDGEWATER MAN DISMISSED FOR ALLEGEDLY HITTING THE VICTIM IN THE FACE CAUSING A FRESH LACERATION, PUSHING THE VICTIM INTO A MIRROR THAT SHATTERED, AND THROWING THE VICTIM TO THE FLOOR

Bridgewater Police were dispatched to a residence for a domestic disturbance. Upon arrival, police spoke with the alleged victim who told police that, earlier in the night, the Defendant hit him in the face with an open hand. Later in the evening, when they returned to their apartment, the Defendant shoved the alleged victim against a large mirror causing the glass to shatter. Police took photos of the shattered glass. Police observed a fresh laceration to the victim’s right cheek. There was a witness who was in the apartment when the incident occurred. The witness stated that he went outside to smoke a cigarette and heard argument in the apartment. When he returned, the victim told the witness that the Defendant had thrown him to the ground.

Result: Attorney Gerald J. Noonan had his investigator interview the alleged victim who provided the defense with a typed statement indicating that he pushed the Defendant numerous times, he kept the fight going, and he said some harsh words to the Defendant. He stated that he did not sustain any injuries and he wanted the case dismissed. As for the witness, it did not appear as though he witnessed the actual altercation but arrived after the fact. At trial, the Commonwealth dismissed the case.