Violent Crimes

ASSAULT & BATTERY: DISMISSED AT CLERK’S HEARING

Defendant and five other people went to the Patriots football game at Gillette Stadium in Foxboro. After the game, the members of the party got into their vehicles in the parking lot to leave the stadium. Defendant’s son was operating a vehicle with the defendant and defendant’s brother riding as passengers. The other two members of the party were traveling in a separate vehicle. Defendant’s son drove the vehicle toward the exit of the parking lot with the second vehicle following. As they were proceeding in a line of traffic toward the exit, a large SUV started to back out of a parking space and was backing into the line of cars. Defendant’s rolled down the window and told the driver of the SUV to move out of the way, as the SUV was about to back into traffic. Defendant exited the vehicle to help the SUV back out. Suddenly, the SUV backed up and struck the defendant knocking him to the ground. When he was knocked down to the ground, defendant threw his whoopee pie at the SUV and raised his arms in the air. Defendant approached the operator of the SUV and told him that he just struck him and that the defendant would like to obtain his license and registration. The operator exited the SUV and started yelling at the defendant at the top of his lungs. The male operator grabbed the defendant by the armpit and pushed him backwards, still screaming at him. As the male operator was assaulting the defendant, he knocked him into a female party – belonging to the male operator’s group. The male operator yelled at the defendant, “You just hit a woman!” Defendant replied, “If I did hit somebody, I am sorry, I didn’t mean to.” The male operator pressed his elbow into defendant’s neck and pressed him up against a light post. The other men in the SUV converged on the defendant, threw him to the ground, and they all started to punch him. The members of the defendant’s party tried to intercede but they were assaulted by the other males. The SUV then sped off. Stadium security and city police were called to the scene where the SUV party claimed that the defendant hit the female in the face. The officers immediately placed the defendant under arrest for Assault & Battery on the woman without hearing the defendant’s version of events.

Result: At defendant’s arraignment, Attorney Gerald J. Noonan filed a Motion to Dismiss on the basis that the defendant was denied his opportunity to have a Show Cause Hearing. The criminal complaint was dismissed, and a Show Cause Hearing was held. At the Show Cause Hearing, Attorney Gerald J. Noonan presented the defendant’s version of the incident, e.g., that defendant was struck by the SUV, that defendant was assaulted and injured by the group of males in the SUV, and that the defendant inadvertently struck the female party in the course of the assault on him. After hearing, Attorney Gerald J. Noonan convinced the clerk-magistrate not to issue the criminal complaint against his client.

ASSAULT & BATTERY: DISMISSED

Defendant was formerly employed at a gas station and was fired by his employer for allegedly stealing money and gas. The alleged victim (former employer) states that he went to his daughter’s school to pick her up when he was confronted by the Defendant who swore at him and pushed him to the floor injuring his hands, nose, elbow, face, knee and hip. As a result of the assault and battery, the alleged victim went to the emergency room.

Result: Attorney Gerald J. Noonan gets Assault & Battery charge dismissed.

ASSAULT & BATTERY: DISMISSED

The alleged victim reported to West Bridgewater Police that she had been over her mother’s house when her brother became verbally abusive toward her and physically picked her up and threw her against a wall causing her to sustain bruises on her body. In a prior incident, the Defendant had assaulted his mother and sister; breaking his mother’s toe and causing bruises to his sister’s back. The incident resulted in a violent struggle between police and the Defendant. Police interviewed two witnesses at the home during the assault.

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

ATTEMPTED MURDER: NOLLE PROSEQUI
ASSAULT with INTENT TO MURDER: NOLLE PROSEQUI
ASSAULT & BATTERY WITH DANGEROUS WEAPON PROBATION
CARRYING A DANGEROUS WEAPON: PROBATION
ASSAULT WITH A DANGEROUS WEAPON: NOLLE PROSEQUI
ASSAULT AND BATTERY: NOLLE PROSEQUI

On July 12, 2003, Massachusetts State Police and Quincy Police were dispatched to a fight in progress involving knives and guns on Quincy Shore Drive in Quincy. Quincy Police immediately called for an ambulance for at least one stabbing victim. The victim had been stabbed in the stomach and stabbed at least six times in the back. Several witness (with identical accounts) told police that they actually witnessed the assault and stabbing. Once witness observed the subject pull out a knife and “flick” it open. The witnesses stated that the victim was walking along the sea wall when a group of black males approached and words were exchanged. Witnesses stated that a tall black male wearing a red t-shirt took something from his pocket, flick it open, and quickly advanced on the victim. This black male had the victim in a “bear hug” over the sea wall and the witnesses observed the black male stabbing the victim in the back and they could clearly see the handle of the knife. The victim yelled that he had been stabbed. Two other black males (one wearing a Rams football jersey and the other wearing a blue shirt and a black cap) held back the victim’s friends allowing the suspect to flee the scene. The three black males were detained at the Clam Shop. All seven witnesses provided written statements. The victim told police that the tall black male in the red t-shirt stabbed him several times in the back and once in the stomach. Police spoke with Attorney Gerald J. Noonan’s client at the Clam Shop. The client was described as a black male, tall, wearing a red t-shirt, and he had been covered with blood and police recovered a knife on his person. The second black party had a silver box-cutter and a bottle of Brandy on his person. The third black male also had a bottle of Brandy on his person. Photographs were taken of all three black suspects. In addition, the victim’s friends identified the Defendant as the party stabbing the victim and fleeing the scene. The victim identified the Defendant as the person who stabbed him. The victim testified before the Grand Jury that the Defendant stabbed him once in the stomach and six times in the back. Before the Grand Jury, the victim lifted his shirt and showed the jurors one stab wound to the stomach and six stab wounds to his back. The District Attorney was requesting that the Defendant serve a minimum of two years in prison.

Attorney Gerald J. Noonan retained a medical doctor to review the victim’s medical records. The medical doctor noted that there was no mention in the medical records as to the depth of the wounds sustained by the victim. Based upon his review of the medical records, the doctor found that the wounds did not penetrate any further than skin level. The doctor found that the wounds were superficial in nature and not viewed as serious by the medical staff. The victim was discharged from the hospital within 12 hours of admission showing that the medical staff was not concerned of the chance of any underlying serious injury. The doctor reviewed photographs of the injuries and described the wounds as “scratches.” The doctor opined that the victim’s injuries were actually consistent with the Defendant using the knife in self-defense against a violent aggressor. In addition, the doctor observed that the toxicology tests of the victim showed an elevated alcohol level. A copy of the medical doctor’s written report of his review of the victim’s medical records was provided to the Commonwealth.

Attorney Gerald J. Noonan retained a private investigator to interview a member of the Defendant’s party that was involved in the incident. This witness stated his party and the alleged victim’s party passed each other on the sea wall. This witness stated that as the groups passed each other the alleged victim threw his shoulder and hit the witness. The witness was pretty mad and said to the alleged victim, “What’s your fucking problem?” At that point, the alleged victim began swearing, making a scene, and putting his hands up into a fighting position. The witnesses group had already been walking down the sea wall when they heard the alleged victim swearing at the witness and making a scene. They stopped and turned around when they heard the alleged victim swearing at the witness. The witness stated that he smelled alcohol on the victim and thought he was either drunk or on drugs because he was out of control. The witness stated that the victim took off his shirt, threw it on the sidewalk, and was screaming that he wanted to fight. At this point, the Defendant stepped toward the alleged victim. During this time, the alleged victim raised his hands in a fighting position and said “let’s fight” or “let’s get it on.” The witness stated that the Defendant didn’t say a word until the alleged victim said to him, “Niggers want to fight too. I’ll fight all your nigger friends.” At this point, the witness’s group began yelling back at the alleged victim. The alleged victim then called the witness “a nigger lover.” The alleged victim called the Defendant a “nigger,” got in his face, and threw the first punch, swinging at the Defendant. The alleged victim got the Defendant in a headlock and began punching him in the head numerous times. During the fight, the alleged victim placed the Defendant in a chokehold. After the struggle, the witness heard the alleged victim say, “Nigger stabbed me.” The alleged victim then walked away with his friends unassisted and did not appear to be hurt or injured. The Defendant had a gash on his arm from hitting the sea wall during the struggle. As they left and walked away, the witness observed approximately 25-30 kids being led by the alleged victim walking down the sidewalk toward them and the alleged victim was calling them “Niggers.” The alleged victim’s group was armed with weapons, bats, sticks, pipes, 2×4’s, etc. At this point, the Defendant’s group fled. Once the police came, the alleged victim’s group dispersed and ran away. The witness claimed that the alleged victim was the aggressor, he was out of control, he was intoxicated, he was calling everyone “niggers,” he threw the first punch and placed the Defendant in a chokehold and that the Defendant was acting in self-defense. There were also two other female witnesses who could corroborate this version of events.

Result: Attorney Gerald J. Noonan was able to get the District Attorney’s Office to Nolle Pross 4 of the 6 indictments. With respect to Indictment #3, Defendant was found Guilty and sentenced to two years in the house of correction suspended for three years and with respect to Indictment #4 the judge sentenced him to three years straight probation. The Commonwealth was pushing for two years committed time and Attorney Gerald J. Noonan was able to secure a strictly probationary sentence for his client on very serious charges.