Violent Crimes

ATTORNEY GERALD J. NOONAN GETS CHARGE OF ASSAULT & BATTERY ON AN ELDERLY AND DISABLED PERSON DISMISSED AGAINST WOMAN WITH PRIOR CONVICTION FOR DOMESTIC VIOLENCE.

Defendant, a 54 year-old woman, was charged with Assault & Battery on Person over 60 or Disabled Person (G.L. c. 265, §13K) based on allegations that she assaulted her 79 year-old mother. The mother claimed that the Defendant was very aggressive, shoved her, and grabbed her by the hair. Defendant admitted to pushing her mother but did so only because her mother was in her face and arguing with her. In 2000, Defendant admitted to sufficient facts for a finding of guilt on a domestic violence charge.

Result: Attorney Gerald J. Noonan convinced the District Attorney’s Office to dismiss the case. Attorney Noonan made arrangements for the victim-mother to speak to the District Attorney’s Office. The mother stated that she wanted the case against her daughter dismissed. Attorney Noonan provided the DA’s Office with 8 letters of people attesting to the Defendant’s character. Attorney provided letters from the Defendant’s other siblings stating that she was a loving and caring daughter to their mother. The DA agreed to dismiss the case.

PROSECUTION AGREES TO DROP DOMESTIC VIOLENCE CHARGE ON THE DAY OF TRIAL, AS ATTORNEY GERALD J. NOONAN HAD WITNESSES READY TO TESTIFY THAT THE VICTIM ATTACKED THE DEFENDANT AND HE ACTED IN SELF-DEFENSE.

Defendant was charged with Assault and Battery upon the adult daughter (alleged victim) of his longtime girlfriend. The alleged victim claimed that the Defendant punched her in the face, causing her to go to the emergency room where she was treated for injuries to her face. Defendant had a prior conviction for domestic violence.

Result: Attorney Gerald J. Noonan had two witnesses prepared to testify that the victim was a violent person who attacked them both on prior occasions. Attorney Gerald J. Noonan had another witness prepared to testify that he witnessed the victim attack the Defendant on a prior occasion. Attorney Noonan was prepared to introduce ample evidence showing the victim’s violent character and prior acts of violence initiated by the victim. Attorney Noonan produced two witnesses who witnessed the actual incident between the Defendant and the victim. The two witnesses were prepared to testify that they observed the victim attack the Defendant and they saw the Defendant act in self-defense. On the day of trial, the prosecutor agreed to dismiss the charge after one-year, so long as the Defendant complied with conditions and stayed out of trouble. With this outcome, Defendant was not required to admit any guilt or wrongdoing.

IN A RARE CASE WHERE A DEFENDANT CONFESSES TO A CRIME ON SOCIAL MEDIA, ATTORNEY PATRICK J. NOONAN PROVES HIS CLIENT’S INNOCENCE AND WINS NOT GUILTY VERDICTS IN A DRIVE-BY SHOOTING.

On December 31, 2016, there was a New Year’s Eve party at a home on Orchard Ave. in Brockton. Police received several 911 calls reporting multiple gunshots fired at the home. One call reported that six gunshots were fired. One bullet traveled through a bedroom where a young child had been sleeping. Upon arrival the home, police interviewed several witnesses who lived in the home and were present for the party. Two of the witness immediately informed police that they had Snapchat videos posted by the person who committed the shooting. The Snapchat videos were posted from the account of Ritch Dorce, the Defendant in the case. One video physically showed Dorce present at the party. Another video showed Dorce sitting in the car, holding a firearm, and confessing the shooting. Dorce states: “I just got jumped, but, ayy, it’s OK. I just emptied all my shells. I ain’t got no more shells. But, ayy, I’m about to go back and get some more.” Dorce is then seen releasing the magazine to the firearm. Police interviewed approximately nine individuals who were present at the party. Some witnesses told police that Dorce got into a physical altercation with others at the party over marijuana. Some witnesses reported that Dorce was in the company of approximately 4-5 other males who were also involved in fights with others at the party. Some witnesses reported that Dorce, and the males with him, retrieved baseball bats and damaged a vehicle with bats. Some witnesses reported that Dorce was seen holding a taser. Some witnesses reported that Dorce threatened to come back and shoot the house up. Two witnesses stated that they were outside when they observed two vehicles drive by and fire shots at the house. One witness identified Dorce as sitting in one of the vehicles, which was involved in the shooting. Police obtained search warrants for Dorce’s Snapchat account, which confirmed that Dorce had in fact posted the incriminating videos on his Snapchat account. Police obtained search warrants for Dorce’s cell phone, GPS, and tower locations for his cell phone, which allowed police to locate Dorce and arrest him. Dorce agreed to videotape interview with police. In the interview, Dorce admitted that he posted the video but Dorce maintained that he was not the shooter. Dorce admitted that he got jumped at the party but he maintained that he was not the shooter. Dorce was charged with: 1) Carrying a Firearm without a License, 2) Unlawful Possession of Ammunition, 3) Assault with a Dangerous Weapon, 4) Malicious Destruction of Property, and 5) Malicious Damage to a Vehicle.

Result: At the trial, Attorney Patrick J. Noonan presented evidence that somebody else committed the shooting. In his interview, Dorce told police that he attended the party with three other males, one of whom was named Jeff. Dorce stated that he left the party and his cousin gave him a ride to his apartment in Brockton where he met his girlfriend and daughter. While he was in his Brockton home, Dorce received a phone call from Jeff who instructed Dorce to come outside and meet him in his car. While in the car, Jeff told Dorce that he (Jeff) “took care of it” because he didn’t want Dorce “to get his hands dirty.” Jeff then showed Dorce the handgun. At that point, Dorce foolishly decided to post a video on Snapchat of himself holding the handgun and taking credit for the shooting. Dorce stated that he posted the video to let people know not to mess with him. Attorney Noonan presented evidence with regards to Jeff’s true identity and the fact that police did not conduct any investigation into Jeff. Attorney Noonan had his private investigator testify that he was able to locate Jeff’s public Facebook page, which contained posts where Jeff appeared to feel guilty over the fact that Dorce was in jail for something he did not do and Jeff posted that he would take responsibility. The private investigator testified that he confronted Jeff with his posts but Jeff did not deny that he was involved in the shooting. Attorney Noonan argued that the police had evidence that would show Dorce’s whereabouts at the time of the shooting but the police did not bring this evidence to trial. Specifically, Dorce voluntarily handed over his cell phone to police and gave them the password to his phone. Dorce even asked the police to search his phone records, as the records would show that he was not involved in the shooting. Police obtained search warrants for Dorce’s cell phone, including his GPS and cell tower locations for the night of the shooting. Dorce’s cell phone records would show his whereabouts at the time of the shooting. If Dorce’s phone records showed that he was in the vicinity of the shooting at the time the shooting occurred, Attorney Noonan argued, the police would have brought that evidence to trial and showed it to the jury. Attorney Noonan argued that the police could have tested the fingerprints from the shell casings found at the scene in order to prove that Dorce handled the bullets that fired the gun. Attorney Noonan argued that Dorce’s Snapchat video was one of hundreds of videos where Dorce is playing a character as part of an online persona where he tried to look tough and sound tough. Dorce held himself out to be somebody he wasn’t. There was the real Dorce and his online persona. The Snapchat video was simply another example of Dorce trying to sound tough. After a three-day trial, the jury found that Mr. Dorce was not the shooter and they acquitted him of all charges except one charge. The jury found Dorce guilty of only holding the firearm in the Snapchat video but they found that Dorce was not the shooter and was not involved in the shooting. In a rare case where a Defendant confesses to committing a crime, Attorney Patrick J. Noonan proves his client’s innocence.

Media about the case:

A Snapchat split decision – Brockton ‘poser’ both guilty and acquitted.

Also:

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NO CRIMINAL CHARGES OR DISCIPLINARY ACTION AGAINST STONEHILL COLLEGE STUDENT FOR PUNCHING ANOTHER STUDENT IN THE FACE RESULTING IN STITCHES AND MEDICAL TREATMENT

Client was a junior at Stonehill College in Easton, MA. One night, he was attending an on-campus party when another male student approached him and told him that he had made advances on the client’s girlfriend. This entire incident was being video recorded on another student’s phone. For his advances on the client’s girlfriend, the male student offered to let the client punch him in the face. The Defendant declined the invitation. The male student then encouraged the client to punch him in the face. At the male student’s insistence, the client punched him in the face just one time. The client considered the matter resolved by one punch. Unfortunately, the male student began to bleed profusely from his head, which required medical treatment and numerous stitches. For some reason, the male student decided to report the incident to campus police. As a result, the school administration brought charges against the client for Assault & Battery pursuant to the school’s code of conduct. The client was facing very serious consequences, which included expulsion and termination from the school.

Result: Attorney Gerald J. Noonan prepared the client for a Hearing before the school administration for his violation of the school’s code of conduct. It was argued that the client did not commit an Assault and Battery because, like the criminal offense of Assault & Battery, the battery (or intentional touching) must be done without the other party’s consent. Here, the battery was consensual because the victim encouraged and insisted that the client punch him in the face. Based on the video, it was clear that the client had no intention to strike the victim and he even declined the victim’s invitation to punch him in the face. Although the client’s conduct may have been improper, he did not commit any criminal offense. After a hearing, the school decided not to expel or terminate the client from the school and they allowed him to graduate.

DA’S OFFICE ARGUES THAT DEFENDANT IS TOO DANGEROUS TO RELEASE AND SEEKS TO HOLD HIM IN JAIL AS HE AWAITS TRIAL BUT ATTORNEY PATRICK J. NOONAN WINS HIS CLIENT’S RELEASE

Client, a 27 year-old lifelong resident of New Bedford, was arrested and charged with firearms offenses and evading police. At his arraignment, the DA’s Office moved the court to hold the Defendant in the House of Correction for 120 days or until his trial because the Commonwealth felt he was too dangerous to release. Fairhaven Police were called to the VWF for reports of an altercation involving members of a gang who were possibly armed with guns. When police arrived, Defendant fled the scene in his vehicle. Additional police units were dispatched to apprehend the fleeing Defendant. Eventually, police stopped the vehicle and ordered all the occupants out at gun point. Defendant admitted that he had a firearm in the glove compartment. Defendant was charged with Carrying a Firearm without a License (which carries a minimum mandatory jail sentence of 18 months), Improper Storage of a Firearm, and Failure to Stop for Police.

Result: As the client was sitting in jail, client’s mother contacted Attorney Patrick J. Noonan to get her son out of jail. At a hearing to determine whether the Defendant was too dangerous to release, Attorney Patrick J. Noonan introduced evidence and convinced the judge that the Defendant did not pose a danger to the public. Attorney Noonan introduced evidence that the Defendant is a lifelong resident of New Bedford, is presently employed in New Bedford, has strong roots in the community, has family in New Bedford, and did not pose of flight risk. In addition, Attorney Noonan challenged the evidence presented by the Commonwealth that his client was involved in a physical altercation at the VWF, that his client was armed during the altercation, and that his client was a member of a gang. Attorney Noonan pointed out that altercation at the VFW was purely verbal and that no witnesses reported seeing any sort of fight. Also, nobody identified the Defendant as being involved in the altercation. Lastly, there was only one witness who reported that the parties at the VWF were armed and gang members and this lone witness was never identified. The judge released the Defendant on a GPS device and did not impose any bail.