ASSAULT and BATTERY: DISMISSED

Defendant was a reserve police officer for the Wareham Police Department. Defendant and his girlfriend were traveling on the highway together with the girlfriend driving when they began to argue. During the argument, Defendant became angry took her cell phone and threw it out the car window. Defendant admitted to police that he gave an open-handed back hand to his girlfriend’s right ear as she was driving. The girlfriend stated that the Defendant also threw pictures of her child out the car window, as she was driving. The girlfriend stated that the Defendant hit her in the face and head, as she was driving. Police observed that the girlfriend had a swollen right ear and a fresh abrasion and small cut behind the right ear. She also had a red mark under her left eye. Attorney Noonan filed a Motion to Dismiss and successfully dismissed the criminal complaint because there was evidence that the alleged victim had committed crimes during the course of the incident, which precluded her from testifying on Fifth Amendment grounds. Specifically, there was evidence that the alleged victim had slapped the Defendant in the face several times and punched him in the groin area during the altercation. Due to the alleged victim’s erratic behavior, the Defendant activated the emergency brake and ran out of the vehicle. Attorney Noonan presented an affidavit to the court from the alleged victim wherein she states that she intends to invoke her Fifth Amendment privilege against self-incrimination. In addition, the affidavit stated that she did not want any criminal charges to be lodged against her boyfriend and that they were undergoing counseling together to resolve their issues.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed outright against police officer.