Commonwealth v. John Doe – Brockton District Court

MALICIOUS DESTRUCTION OF PROPERTY CHARGES DISMISSED DESPITE VIDEO EVIDENCE SHOWING THE DEFENDANT SMASHING THE PROPERTY.

The client was a longtime employee of a paving company. After many years of service, his employer informed the Defendant that he would no longer be employed for the company. Upset at his termination, Defendant went out into the parking lot and smashed the front windshield of a company work-truck. Surveillance video captured the Defendant smashing the windshield. Defendant was charged with the felony offense of Malicious Destruction of Property over $1,200 pursuant to G.L. c. 266, §127. Defendant hired Attorney Gerald J. Noonan. This was a losing case because the Defendant was captured on video committing the crime. Although the employer was very upset by the property damage, Attorney Noonan was able to secure an agreement wherein the criminal charge would be dismissed upon the payment of restitution. In particular, the parties executed an Accord and Satisfaction Agreement where, in exchange for payment of the property damage, the criminal offense would be dismissed.