HOME INVASION: DISMISSED

Defendant, and three other accomplices, was indicted for Home Invasion, Breaking & Entering (Person in Fear), Kidnapping, Assault & Battery, and Larceny from Building stemming from a daytime house break into a residence in Medford. Police were dispatched to a residence for a report of a home invasion. The alleged victim stated that one white female and three black males came into the home through the front door. He was thrown to the ground and beaten. He was punched in the face and head multiple times. He was choked to the point of almost losing consciousness. His hands were tied with an electrical cord. The invaders demanded to know where the money was. A written statement from one of the accomplices stated that the Defendant participated in the house break and was present inside the house during the invasion. Attorney Gerald J. Noonan filed a Motion to Dismiss the Home Invasion Indictment on the grounds that the Commonwealth failed to present sufficient evidence that the defendant was armed with a dangerous weapon prior to entry or that he knew of the existence of a dangerous weapon at the time of allegedly entering the house. An element of the offense requires proof that the defendant was armed with a dangerous weapon at the time of entry into a dwelling house. Commonwealth v. Ruiz, 426 Mass. 391 (1998). Judge agreed with Attorney Noonan that omission of proof on this element required dismissal of the Home Invasion indictment.

Result: Attorney Gerald J. Noonan gets Home Invasions indictment dismissed, which carries up to 20 years in state prison.