ASSAULT & BATTERY: DISMISSED
RECKLESS ENDANGERMENT of CHILD: DISMISSED

The alleged victim walked into the police station to report that the Defendant assaulted him and endangered the life of his two year-old son. The Defendant’s sister had a two year-old child with the alleged victim. The alleged victim claimed that he was pushing his two year-old son in a baby stroller for an afternoon walk. When he was crossing the street, the alleged victim claimed that the Defendant accelerated his high-performance vehicle at him and the baby. The alleged victim claimed that the vehicle came inches from hitting him and the baby stroller. The alleged victim claimed that he had to push the baby stroller out of the way or else the vehicle would strike the baby stroller. The alleged victim claimed that the Defendant and two other males got out of the vehicle and approached him. The alleged victim claimed that the Defendant got in his face, yelled at him, threatened him, and pushed him into the baby stroller. The alleged victim claimed that an unidentified neighbor threatened to call the police and the Defendant fled the scene. Defendant had two open criminal cases. When he was charged with this offense, probation moved to find him in violation for committing a new offense while on probation and while he had two criminal cases pending. Attorney Patrick J. Noonan refused to have his client stipulate to violating probation by committing a new offense. Attorney Noonan requested a hearing to challenge probable cause that the Defendant committed a new crime.

Result: At the probation violation hearing, the alleged victim appeared and recanted his statements to police. Attorney Patrick J. Noonan moved the court to dismiss the criminal complaints because the alleged victim recanted his statement to police. The judge dismissed the criminal complaints and the Defendant was not found in violation of probation.