Commonwealth v. John Doe – Brockton District Court

ASSAULT & BATTERY DISMISSED AT CLERK’S HEARING.

The client had a heated dispute with a contractor. The client hired the contractor to build him a new front porch. As part of the agreement, the contractor was required to remove all debris. However, the contractor never removed the debris, material, or trash, so the client paid to have the debris removed. When the contractor requested payment, the client stated that he would pay the bill, minus the money he paid to have the debris removed. The contractor and his son showed up to the client’s house at 9:00 p.m. unannounced, demanding full payment. In this heated confrontation, the contractor called the police and reported that the defendant pushed him. The police charged the client with Assault & Battery (G.L. c. 265, §13A). At the clerk’s hearing, Attorney Patrick J. Noonan presented evidence that the contractor and his son were the aggressors. When they were banging on his front door, at 9:00 p.m. at night, they startled and scared the client’s young children. When the client refused to pay the entire bill, the contractor and his son attempted to barge into the house, but the client pushed them away. The client took out his phone and said that he was calling the police at which time the contractor grabbed his phone and threw it. The contractor and his son committed an assault on the client. During this contentious hearing, the clerk decided to dismiss the complaint. The client had no record.