OUI-LIQUOR: DISMISSED
NEGLIGENT OPERATION: DISMISSED
DISTURBING THE PEACE: DISMISSED

A civilian witness called the Whitman Police to report a motor vehicle accident in which he was struck by a purple Jeep and two men fled on foot. One suspect was described as wearing a white shirt and the other suspect was described as wearing an orange shirt. Moments later, a male party (co-defendant) approached the scene on foot and told police that he was riding as a passenger in the Jeep. Later, a K-9 located the Defendant in the woods approximately 100 feet away. The co-defendant pled Guilty to Witness Intimidation. The defense was premised on the argument that the Commonwealth would be unable to prove beyond a reasonable doubt that the Defendant (and not the co-defendant) was the operator of the purple Jeep. See Commonwealth v. Leonard, 401 Mass. 470 (1988). On April 7, 2011, the case was scheduled for trial and Attorney Gerald J. Noonan appeared ready. The Commonwealth requested a continuance because the eyewitness failed to appear. Attorney Noonan objected to the continuance and moved for dismissal.

Result: Attorney Gerald J. Noonan gets all charges, including OUI-Liquor, dismissed against sheet metal worker.