STABBING CASE: DISMISSED AT TRIAL

Brockton Police were dispatched to the emergency room at the Good Samaritan Hospital for a report of a patient-victim who had been stabbed. Upon arrival, police spoke to the alleged victim. The alleged victim stated that he attended a family party at a residence in Brockton. The alleged victim and members of the party were hanging out in the street outside the party. The alleged victim reported that he saw a few guys fighting in the street and he went over to break it up. One of the male parties involved in the fight confronted the alleged victim and threatened him. The male party left the scene. Minutes later, the male party returned to the scene and again confronted the alleged victim by getting in his face. The male party then stabbed the alleged victim and fled the scene. The alleged victim gave a physical description of the male suspect who stabbed him. Police spoke to a witness of the stabbing who happened to be a friend of the alleged victim. The witness told police that he witnessed the male party stab the alleged victim. The witness told police that the suspect was the Defendant. The witness knew the Defendant because the Defendant lived down the street from the witness. The witness provided police with the suspect’s name and address. Police went to the Defendant’s residence where they observed people in the street arguing about the stabbing. Police observed that the Defendant matched the description given to police by the alleged victim. After briefly speaking with the Defendant, police placed him under arrest for Assault and Battery with a Dangerous Weapon to wit: knife.

Result: Attorney Patrick J. Noonan prepared the case for trial. Attorney Patrick J. Noonan asserted that the Defendant acted in self-defense. The Defendant told police that he had been jumped by five guys. The Defendant showed police bruises and abrasions that he sustained to his back, which were consistent with the Defendant being the victim of an attack. Attorney Patrick J. Noonan subpoenaed the emergency physician who treated the alleged victim. Attorney Patrick J. Noonan was prepared to present medical evidence showing that the alleged victim’s injuries were not consistent with the accounts given by the alleged victim and the witness. In addition, Attorney Patrick J. Noonan was prepared to present medical evidence showing that the alleged victim’s injuries were not consistent with a deliberate stabbing based upon the depth, size, and nature of the stab wound. Attorney Patrick J. Noonan also subpoenaed the emergency room nurse. Attorney Patrick J. Noonan was prepared to introduce evidence that the emergency room nurse called Brockton Police because the alleged victim and his friends were being loud and causing a disturbance in the waiting area. Specifically, the emergency room nurse heard the alleged victim and his crew talk about “strapping up” and going out to get the Defendant. This evidence tended to show that the alleged victim and his crew were the aggressors in the conflict and they were acting violent. The first time the case was scheduled for trial, the Commonwealth requested a continuance over the Defendant’s objection. On the second trial date, the criminal charge was dismissed.