Articles Posted in Assault and Battery

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As a Boston-area criminal defense attorney who has worked on both sides of the aisle, I have been doing a lot of talking lately about Disorderly Conduct arrests in the Commonwealth. I have been interviewed by media outlets out of state, such as the L.A. Times as well as national outlets such as Time Magazine. In the meantime, the arrest of Professor Gates has been assigned by most to the pile of questionable racial incidents.

To me, however, to write it off as simply a “racial incident” misses the point which is faced by people every day in the criminal justice system. The primary difference between Professor Gates and most other cases is that he is a man of stature who can command national attention. Most people do not. As a result, when they become offensive to a police officer, there is no media pressure causing prosecutors to drop charges or a thick blue line of officers holding press conferences to demand apologizes from local and national public figures.

This is why this blog regularly warns you to avoid confrontations with the police and, if you are being approached, do not to try to engage in a battle of “one upmanship” with the officer, be it physical, strategic or verbal. The bottom line is that you will lose such a match, at least for the day. The officer carries the cuffs…you only get to wear them. The officer has the badge and the gun. Those items will outweigh your brilliant arguments and speedy escape attempts every time.

“But Sam”, you ask me, “What are we supposed to do? Just stand there and take it?”
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Today’s posting of the daily Boston Criminal Lawyer’s Blog takes us back in history. It is a history remembered, however, kept alive by Fall River’s Herald a day or so ago. Actually, in reprinting the article online, they even provided a You Tube video tape of the Fall River Public Library’s presentation of the story to the Fall River History Club introducing the story about the “bad family” involved.

The story fits with this week’s motif of alcohol and crime, so I figured I would treat you to a some Massachusetts history. No extra charge.

The elements of the event could well have been taken from newspaper heading of today. They included a teenager under the influence of a controlled substance, a robbery and a shotgun blast to the face.

The deceased was John Bullock. The year was June 19, 1862. The place was Freetown..

Obed Reynolds was the 17 year old lad (hereinafter, the “Defendant”) who apparently pulled the trigger. He was drunk on not only liquor, but gunpowder. No, not in the figurative sense such as in “he is drunk with power“. Reynolds was actually intoxicated on a concoction of alcohol and gunpowder. He told investigators that the combination helped to give him courage.
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The website Boston.Com has a story that is probably meant to give us a feeling of justice. It concerns one Kenneth Waters. Mr. Waters spent more than 18 years in prison after being convicted of murder. There, he passed through all of the “safeguards” that we have put in place, namely appeals, as the world around him passed him by. Finally, he got DNA that was at the scene tested. Between that and other newly discovered evidence, he was exonerated. The town of Ayer, who had brought the charges and investigated the crime in the first place had now agreed to pay $3.4 million to settle the civil rights lawsuit on Mr. Water’s behalf, Attorney Barry Scheck of the Innocence Project announced yesterday.

Of course, it is not likely to do Mr. Waters too much good; he is dead.

The lawsuit was filed by Mr. Water’s estate. The investigation which finally led to the truth in the murder for which Mr. Waters was convicted was not conducted by the town, state or even federal authorities.

It was led by his sister who, after he brother, in whom she believed, was wrongfully convicted, went to law school, and became a lawyer and started the “good fight” of freeing her brother.
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In Massachusetts, 49-year-old Abington resident Michael McGunigle is now charged with manslaughter over the death of another Abington man. McGunigle, 48, is accused of punching Brian Cherry on July 6 during an argument.

The altercation between the two Abington men allegedly occurred after Cherry asked McGunigle to restrain his dog. McGunigle’s pet was barking, jumping at people, and scaring some of kids.

Cherry, who was knocked off his feet by the alleged punch, landed on the pavement. His head struck the ground and he sustained traumatic brain injuries. He died on Sunday.

McGunigle had initially been charged with aggravated assault over the incident. He pleaded not guilty and was out on $3,000 bail. After an autopsy was conducted on Cherry’s body, however, the Plymouth district attorney’s office changed the criminal charge to manslaughter. They are calling Cherry’s death a homicide because his cause of death was injury due to blunt force trauma.

Today, McGunigle turned himself in. At his arraignment in Brockton District Court, the Abington man was ordered held on $50,000 bail.

McGunigle maintains that Cherry was the aggressor.

A Massachusetts criminal charge for manslaughter is a serious offense that could lead to years behind bars if you are convicted. It can be especially tough to receive the fair trial that you are entitled to if the court of public opinion is against you. For instance, the media may portray you in an unflattering light or tell the story about your case in such a way that you appear to be guilty even if you haven’t been convicted in a court of law.

A good Boston criminal defense law firm will know how to navigate through the obstacles that can get in the way of you getting the fair treatment that you deserve under Massachusetts law.

Fight over barking dog leads to upgraded manslaughter charge, Boston.com, July 15, 2009
Wife: Man In Coma After Dispute Over Dog, WCVB TV, July 9, 2009
Related Web Resource:
Manslaughter, The General Laws of Massachusetts Continue reading

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Hey, remember the old days when a person actually did not have to talk to the police if he did not want to? Those were the days when we had the right to remain silent and…wait a minute. That’s today. So, now I am confused. Why is someone in the Boston area in need of a criminal defense attorney because of his dealings with the police?

I mean, if you can refuse to talk to the police officers, you can lie alittle to protect yourself, can’t you? After all, the law is clear that the police are allowed to lie to non-police types. Fair is fair, right?

Uhh….no. Actually, that would be a felony.

It is a lesson that a co-owner of a Boston nightclub, Shawn D. 29, of Billerica (hereinafter, the “Defendant”) is learning. He has been indicted for allegedly destroying evidence and lying to Boston police as they investigated a shooting outside his nightclub on New Year’s Day.
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To me, summer is best symbolized by the recording artist, Jimmy Buffett. In fact, one of my favorite songs of his is “Weather Is Here, Wish You Were Beautiful”. Summer is a season that is short-lived here in the Boston area. If one counted how many really nice days we usually get,…well, it is kind of depressing. We all know that the weather can effect moods. However, did you know that it can also control the need for criminal defense attorneys?

Southwick Police Officer Tom Krutka says he sees an increase during this time of year of a particular crime. He says that outdoor barbecues and holiday parties often involve alcohol. After the parties, folks hit the road…which often means operating under the influence of alcohol. He even sees a difference depending on the weather. Nicer weather…more drunk drivers.

Officer Krutka warns that “buzzed driving” is enough to get someone in trouble. Even one or two drinks, depending on the person, can get you arrested. “That’s just the beginning”, he continues. “If it turns out to be an accident, you effect the person you hit, the family the community, your family your life, financial burden it goes a long way.”

Well, he is right, of course. Drunk driving, and any resulting arrests, can ruin the lives of a lot of people.
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I have to confess a personal interest in Michael Jackson. First of all, I think he was immensely talented and, frankly lead a pretty tragic life in many ways. Second, his trial was the lead story when I was a regular contributor on FoxTV’s “Studio B”, as well as other such shows, years ago. By the way, yes, those are some of the clips that appear in the compilation video on my profile in the website. Today, the Boston Criminal Lawyer Blog revisits the Michael Jackson story as it shares a new chapter with the criminal justice system.

Yesterday, Mr. Jackson was laid to rest. However, the criminal justice turmoil that defined a great deal of his later years continues. Now, of course, he is not the “defendant” Now he is the “victim”. No, I am not talking about the manipulation and hypocrisy that so many are exhibiting regarding the claiming of his fame or even the battle over his possessions and children. I am referring to the question of homicide.

You see, drugs have been linked to Mr. Jackson’s death. The questions have been who gave him the drugs, why they gave him the drugs and by what authority they gave him the drugs.
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I’ve regretted at times that I never had a brother. I’ll bet that summertime can be great fun for two brothers. The weather is nicer, there is no school, and the possibilities seem endless. Of course, for some brothers, perhaps the “endless” part can be a bit of a problem. Let’s take two brothers from the south of Boston city of Brockton. It would seem that, armed with their own attorney, they are about to share something new…court dates.

You see, John S., 19, and Jose A, 32, of Brockton (hereinafter, the “Defendants”), are now suspects of at least two armed robberies in their home city according to the police. The Defendants were arrested last Thursday.

The younger brother is suspected of robbing a deliveryman from Five Star Pizza with another man at gunpoint. In that event, the deliveryman was allegedly lured to an abandoned house with a fake order and then robbed. As we discussed last Thursday, ironically, a robbery combines the elements of larceny and, physical force…usually with an assault. In this case, the charge would be, at least, assault with a dangerous weapon, to wit: the gun. At any rate, the young man was spotted at a Burger King at the Brockton Fair Thursday night at around 9:00pm due to a photo identification which had taken place earlier. He was arrested for the armed robbery, conspiracy to commit a crime, assault and battery with a dangerous weapon (the gun) and larceny from a person.

Earlier that day, at around 6:30 p.m., officer William Carpenter arrested the elder brother in connection with a mugging at knife-point that had occurred June 25 at 12:45 a.m. on Denton Street.
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Now, I know what you are thinking. You see “Boston-area” and “Day Care Center” and you think of things like the infamous Fells Acres case and expect to find yet another story involving allegations of sexual assault being battled by a myriad of criminal defense attorneys.

Often, you would be correct. Today you would be wrong.

One of the constant messages of the Boston Criminal Lawyer Blog is that one never knows where criminal allegations may come from next. In this case, there are criminal allegations…but not of the sexual nature. In fact, not even of the intentional nature.

According to a local paper, the owners of a Fall River day care center were arrested last Friday. The police say that they failed to get medical help for two children who had been bitten by a third child (hereinafter, the “Biter”) under their care. Apparently, Ashraf W., 40 and his wife, Mervat H., 35, the owners of the center and now collectively the “Defendants” are each charged with wanton or reckless endangering of a child.

Specifically, the allegations amount to permitting substantial injury to a child and permitting injury to a child. No, they are not charged with actually committing the assault as that was apparently the doing of another child.

According to the Commonwealth, the injuries were sustained at the day care center, which is underneath the Defendants” home.

Of course, we are not talking about the garden variety injuries either.
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In the celebrity domestic violence case involving R & B performer Chris Brown and his ex-girlfriend singer Rihanna, Brown pleaded guilty to one count of felony assault on Monday. Per the terms of the plea agreement, Brown will serve six months of community labor, five years of supervised probation, as well as participate in domestic violence counseling. This is Brown’s only offense for domestic violence.

A stay-way order has also been issued that prevents the former couple from coming within 50 yards of one another-unless it is an industry event; in these situations, the two of them must make sure the distance between them is at least 10 feet.

If Brown had refused the plea agreement and was convicted of criminal threats and felony assault, he could have ended up serving up to five years in prison. The 20-year-old singer was arrested last February for allegedly threatening and beating Rihanna during an altercation prior to the Grammy Awards. The singer is accused of trying to push his then-girlfriend out of a car, shoving her head against a window, punching her, and biting her ear.

While some people are questioning whether Brown’s punishment is too lenient for the crime, the Los Angeles Times reports that his sentence is in line with what other first-time offenders pleading guilty to the same crime will usually receive. Former deputy district attorney Dimitry Gorin says he has negotiated similar plea agreements for other defendants and that Brown’s sentence is not a light one.

Gorin noted that even if Brown were ordered to serve jail time, the Los Angeles County jail is so overcrowded that the singer would likely have served just a “fraction” of his jail sentence. District attorney spokesperson Sandi Gibbons says that Browns’ plea agreement was not “special treatment” and that Rihanna approved of the deal.

Settlement reached in Chris Brown’s alleged beating of Rihanna, Los Angeles Times, June 22, 2009
Chris Brown Pleads Guilty in Deal, The New York Times, June 22, 2009

Related Web Resources:
Massachusetts Law About Domestic Violence

Group Reports Massachusetts 15 Domestic Violence Homicides to Date for 2009, https://www.bostoncriminallawyerblog.com, June 7, 2009
Domestic Violence Overview, Justia Continue reading

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