Commonwealth v. John Doe – Boston Municipal Court

CHARGES OF STRANGULATION AND ASSAULT & BATTERY AGAINST COLLEGE STUDENT DISMISSED.

My Defendant is a college student. He lived with three college roommates in an off-campus apartment. One of his roommates called 911 and reported that the Defendant physically assaulted him and placed him in a chokehold. Defendant denied the allegations. Defendant was charged with Strangulation (G.L. c. 265, §15D) and Assault & Battery (G.L. c. 265, §13A). The client and his parents hired Attorney Patrick J. Noonan, who immediately moved to dismiss the Strangulation charge for insufficient evidence, as there was no evidence to support the essential elements of the offense, and there was no statement by the victim that the Defendant applied substantial pressure to his neck which interfered with the normal course of his breathing. The prosecution, to their immense credit, reviewed Attorney Noonan’s Motion to Dismiss and agreed to drop the Strangulation charge. Attorney Noonan prepared for trial on the remaining Assault & Battery and provided the prosecution with statements from the two other roommates who were present for the altercation. The witness statements were highly exculpatory and undermined the government’s case. After producing these witness statements, the Commonwealth agreed to dismiss the case outright, after 6 months.