Commonwealth v. Peter P. – Brockton District Court

AT TRIAL, ATTORNEY PATRICK J. NOONAN GETS 5 ASSAULT CHARGES, INCLUDING 3 FELONY CHARGES FOR ASSAULT WITH A DANGEROUS WEAPON, DISMISSED AGAINST HAITIAN IMMIGRANT FACING POTENTIAL DEPORTATION.

Brockton Police were dispatched to a gas station for a reported fight in progress. Upon arrival, police observed the Defendant being held on the ground by two males. An investigation showed that the Defendant had a dispute with gas station employees over payment of gas. The employees were claiming that the Defendant was trying to steal gas without paying. The employees claimed that the Defendant retrieved a tire jack from his vehicle and began swinging it wildly trying to injure the employees. Defendant was charged with 3 counts of Assault with a Dangerous Weapon (G.L. c. 165, §15B) for attempting to strike three employees with the tire jack. Defendant was charged with Assault & Battery for allegedly pushing a female employee and another count of Assault & Battery (G.L. c. 265, §13A) for hitting a male employee.

Result: Attorney Patrick J. Noonan brought the case to trial. With a court order, Attorney Noonan obtained a video that one employee took on her cell phone of an argument taking place inside the gas station office. Attorney Noonan learned that another employee took a video on his cell phone of the entire incident that occurred outside. Attorney Noonan sought a court order for the employee to produce this video, which he never did. Attorney Noonan was prepared to argue that the employee took a video of the entire incident but deliberately choose not to produce it under court order. Attorney Noonan subpoenaed this person but he failed to appear at trial. Attorney Noonan notified the Commonwealth that he would be arguing self-defense at trial. Attorney Noonan claimed that the Defendant acted in self-defense when he grabbed the tire jack because the two male employees attacked him. Defendant did not hit anyone with the tire jack; he only swung it to get his attackers to back away. Attorney Noonan sought to introduce evidence that one of the male employees, who attacked the Defendant, had prior convictions for violent offenses, which supported his case that the male employee was the aggressor. Defendant was prepared to take the stand in his own defense and testify that the male employees were aggressive, had attacked him, and preventing him from leaving the gas station. One employee even made a racial slur against the Defendant who was black. Attorney Noonan obtained evidence that his client did not attempt to steal any gas. Rather, his client had sufficient funds on his debit card, which for some reason did not process on the gas station’s machine. After two trial dates, the alleged victims (gas station employees) failed to appear and the case was dismissed. Defendant was in the process of becoming a U.S. citizen and, if convicted for these serious criminal offenses, he was facing deportation.