Commonwealth v. J.F. – Brockton District Court

ATTORNEY PATRICK J. NOONAN GETS CRIMINAL CHARGES INVOLVING THE USE OF A DANGEROUS WEAPON AND THREATS TO KILL DISMISSED AT TRIAL.

Client was picking up his girlfriend at her home in Brockton. Client parked his car on the side of the street and waited for his girlfriend to come outside. Client’s cousin was sitting in the front passenger seat and the client’s baby was sitting in the backseat. As they were waiting, a man and his wife were returning home and had trouble pulling into their driveway because the client’s vehicle was partially blocking their driveway. The man got out of his car and proceeded to yell at the client to move his car. The client backed his car up and the man was able to pull into his driveway. The man exited his car and proceeded to make his way to the side entrance of his home. When he reached the side entrance to his home, the man continued to yell at the client to move his car. The client told the man to shut up and go inside his house. The man then retrieved a wooden 2 x 4 and approached the client’s car while making threats. The man’s wife came out to stop her husband from getting into a fight. The client and his cousin exited the car and an argument ensued. During the argument, a glass bottle was thrown at the man and his wife. The glass bottle struck the wife on the leg and then smashed on the ground. The man then picked up a rock and threw it at the client’s windshield shattering the glass. Everyone was yelling threats at each other. The wife reported to police that the client threatened to shoot them. The wife reported to police that the client threw the bottle at her. The client was charged with Assault & Battery with a Dangerous Weapon for having allegedly thrown the glass bottle at the wife. The client was charged with Threats to Commit Murder for allegedly threatening to shoot them.

Result: Attorney Patrick J. Noonan prepared the case for trial. Attorney Noonan notified the District Attorney that he would be introducing “third-party culprit” evidence at trial. Specifically, Attorney Noonan notified the DA that he would be introducing evidence that the client’s cousin was the person who threw the bottle. On the day of trial, the man who threw the rock at the client’s car invoked his Fifth Amendment Privilege and opted not to testify against the client. The man’s wife failed to appear at the trial. Because the man invoked his Fifth Amendment privilege, because the man’s wife failed to appear at trial, and based on the third-party culprit evidence, the DA decided to dismiss all charges.