ASSAULT and BATTERY: DISMISSED

Police received a 911 call from an identified caller stating that her friend (alleged victim) sounded in distress and she (caller) could hear the defendant in the background heckling her. Upon arrival, the alleged victim was crying. She stated that the defendant pushed in the window in order to get into the apartment. Police observed the glass window on the floor with the blinds ripped off. Police also observed that the front wooden door was broken. She alleged that the defendant pushed her to the floor and stuck his foot in her face yelling at her, “You’re a fucking bitch.” Police observed blood on the defendant’s hand. Defendant has a total of seven restraining orders against him, two of which are permanent. The alleged victim in this case sought and obtained a restraining order. Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the alleged victim had a fifth amendment privilege against self-incrimination should she testify against him at trial. Specifically, there was evidence (text messages) showing that the alleged victim broke the front wooden door. There was also evidence that the alleged victim punched the defendant in the face earlier. Police also observed that the alleged victim was intoxicated. Absent the alleged victim’s testimony, the Commonwealth did not have enough evidence to proceed to trial and the case was dismissed.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed at trial.