DEFENDANT FOUND NOT GUILTY OF 2 OUT OF 4 FELONIES FOR CAUSING MALICIOUS DAMAGE TO PROPERTY ON 4 SEPARATE OCCASIONS, WHICH, ACCORDING TO THE VICTIMS, EXCEEDED $101,000 IN DAMAGES.

Defendant, a 50-year-old resident of West Bridgewater, was charged with 4 counts of Malicious Destruction of Property over $250. Defendant worked for a company for 30 years and he was fired. After his termination, Defendant, on four separate occasions, intentionally inflicted damage to the company’s out-door industrial air chiller. The company claimed that the damage caused by the Defendant exceeded $101,000 dollars. After each act of vandalism, the company reported it to West Bridgewater Police. The company suspected that it was the Defendant who caused the damage. The company installed cameras to catch the Defendant in the act. The Defendant was caught on video causing damage to the air chiller and was arrested the following day. Prior to trial, the District Attorney’s Office offered the Defendant the following deal: Plead Guilty to all 4 felony charges of Malicious Destruction of Property over $250, be placed on probation for two years, and to pay restitution to be later determined at a hearing. Despite the evidence showing the Defendant was caught on videotape causing damage to the air chiller, and other strong evidence showing his guilt, Defendant opted to go to trial.

Result: At the trial, Attorney Patrick J. Noonan challenged the Commonwealth’s evidence that each act of vandalism caused at least $250 in damage even though the alleged victim’s claimed that the damage exceeded $100,000. With regards to 2 of the acts of vandalism, Attorney Patrick J. Noonan was able to convince the jury that the Commonwealth failed to prove beyond a reasonable doubt that the damage exceeded $250. Instead of taking the Commonwealth’s deal to plead guilty to all 4 felony counts, Defendant was acquitted and found Not Guilty of 2 of the felony counts. Attorney Noonan was weary to have his client plead guilty to all 4 counts because the company could use his admissions against him when they seek $101,000 in restitution from the Defendant. The Defendant was given a suspended sentence with probation for two years, a sentence not all that much different from what the Commonwealth was asking for prior to trial.