Articles Posted in Assault and Battery

…But then again, maybe it isn’t kids making threats these days.

William Rearick, 45 of Pemroke (hereinafter, the “Defendant”) pleaded not guilty today in Plymouth District Court. He stands charged with making threats in a fairly threatening manner. The Commonwealth contends that he doused his girlfriend’s two children with gas and threatened to blow up the house where they were all living.

This was no mere twitter threat (see yesterday’s blog). Most of all, he is alleged to have had the means to carry out the threat. There is, however, a twist to indicate this is not simply the story of an evil trouble-maker just looking to get revenge or something of the like.

The Defendant, according to the police report, has a history of mental illness. The neighbors say he could neither speak nor hear. They say that he lived in the home with his girlfriend, his girlfriend’s two children, a child of his own, and the girlfriend’s mother. The neighbors said he was very attentive to the children and they communicated with him using sign language.

The allegations are that the Defendant entered the Birch Street home Wednesday afternoon with a gasoline can and a propane tank. He is said to have tried to use a lighter to ignite the propane gas, saying he wanted to kill himself, according to the police report filed by Pembroke Police Sergeant William Hinchey.

He is then said to have struggled with his girlfriend’s two daughters, pouring gas on them, then poured gas all over the kitchen floor.
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In yesterday’s Attorney Sam’s Take, I mentioned that the typical law enforcement approach to cases which necessitate more care may be in the best interest of nobody.

I described a scenario involving assault with a dangerous weapon which was, to some extent, unavoidable given the ways such calls are answered.

There are other, less unavoidable, police habits which can make what would otherwise simply be a mockery of Justice into a more tragic and long lasting fiasco.

We have discussed the fact that law enforcement generally decides what the facts of a given case are before all the evidence is in. Further, we have described many incidents wherein the police simply assume that whoever called them first must be the “victim”. Law enforcement, both on the street and in the courtroom, seem to have suffered a collective hard blow to the head which knocked out the memory of life before they joined the side of the “angels”. In other words, the reality that many people fear, or simply do not trust, police officers.

In short, despite the reality that most of us experience, they do not believe that an innocent person might not run to their protection whenever something is wrong.

Terry Troubled has a mental health history. That history does not include violence toward others, but hurting herself. She is married to Carl Controller. Sometimes, Terry does not respond as Carl would prefer her to. While she is not being violent to anyone (including herself right now), she is not behaving properly again as far as Carl is concerned. Well, Carl knows how to get her “in line”.

He picks up the telephone.
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Yesterday, Attorney Sam’s Take began discussing the case of 52-year-old Madina Clayton of Boston (hereinafter, the “Defendant”). She was arrested for assaulting men on the MBTA Green Line train Tuesday evening. While she did not physically make contact with anyone, the reports of her behavior are certainly bizarre. It also turns out that there was a default warrant out for her arrest in a similar matter.

You may think that it would be appropriate, at her arraignment, that the Defendant would be sent for some kind of evaluation for mental illness.

While I do not know the details of yesterday’s arraignment, I have seen these types of cases before.

The role of law enforcement in cases of mental illness, usually involving some type of assault, is frequently misunderstood. That misunderstanding often proves tragic…sometimes fatal.

While officers do get some training about handling the situation with folks experiencing psychotic episodes, they tend to approach the situation with their usual approach. The approach to control the situation and clear out the threat…or perceived threat.

That means with force and intimidation. It is what they are trained to do. Eliminate the perceived threat and get it into custody. Once the arrest is made, a choice must be made whether to bring the person to a hospital (usually if they are out of control) or bring them to court for arraignment.
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Today’s Attorney Sam’s Take involves the definition of Massachusetts Assault (as opposed to Assault and Battery), the intersection between criminal justice and mental health and touches upon one of our favorite topics…when free speech rights control and when they do not.

Last night, 52-year-old Madina Clayton of Boston (hereinafter, the “Defendant”) was arrested at the Brookline Hills MBTA Station after allegedly threatening several men with a knife while riding on a Green Line trolley.

According to MBTA Transit Police, the Defendant allegedly pulled out a small folding knife as she sat on the Riverside Line train. While sitting across from a male passenger, the Defendant allegedly repeatedly opened and closed the knife while staring at the gentleman.

The man understandably nervous, apparently got up to move to another part of the train. According to law enforcement, this is when the Defendant stood up, pointed the knife at him and shouted an obscenity at him.

The Defendant is said to have then turned her attentions to another male passenger. When he changed seats, she allegedly followed him with the open knife.
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On Thursday night, there was a talent show at Mount Ida College in Newton. The real blockbuster apparently happened after the show. It was a large brawl involving more than 100 people. Of all those people, some of which were issued summonses, only one gentleman was arrested.

That would be the gent accused of assaulting a police officer.

You see, law enforcement arrived at the Dedham Street school at 10:40 p.m. and found people fighting outside of Carlson Hall, according to Officer Eric Rosenbaum. Newton police, when realizing what they were faced with, requested assistance from the State Police as well as local officers from Boston, Brookline, and Waltham. A State Police K-9 unit was also used to disperse the crowd.

According to Officer Rosenbaum, the melee started after a talent show which was, ironically enough, sponsored by the college’s Office of Diversity and Inclusion, he said. “It looks like it all stemmed from something that happened there,” he reported.

The one man arrested for assault and battery on a police officer has been identified as Randy Carius, 21, of Mattapan (hereinafter, the “Defendant”). While not placed under arrest, three other men were given summonses for disorderly conduct. They included an 18-year-old from Boston, a 21-year-old from Florida, and a 22-year-old from Connecticut, according to the officer.

Police were unsure whether any of the four men were Mount Ida students,

Officers used pepper spray on one person, but there were no real injuries, according to Officer Rosenbaum. The police remained on the scene throughout the night and into the morning hours.

The school’s officials said the school is investigating the incident.

“We are working closely with local law enforcement and are taking immediate action, including suspending students who were involved, pending further disciplinary proceedings,” the administration said. “Mount Ida College has a zero-tolerance policy towards violence of any kind as the safety of our students is paramount.”

Attorney Sam’s Take on Assault Cases Both On And Off Campus

We have discussed campus crimes several times in this daily blog.

Often, schools will take action against students who allegedly break the law whether it took place on or off campus. However, if it took place on campus, the chances are greater that there will be severe repercussions.
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Sometimes, in the criminal justice system, timing is everything.

Waltham’s Michael Cammisaro, 57, hereinafter, the “Defendant”) is now contemplating that lesson with perhaps a few bruises to keep him company.

You see, at around 11:00 this morning, the Defendant decided to take the ‘T”. He went to the Park Street MBTA Station. What happened next is actually caught on video, However, objective truth is not for you, we have the law enforcement description of what happened.

According to Transit Officer Luis Feliciano, he too was entering the “T”. He tapped his “CharlieCard” to enter the fare gate and suddenly had rather close company. The Defendant was suddenly following closely behind him.

The officer says that he was not sure whether the Defendant was trying to evade the fare or pickpocket him. He says that he turned around to “inquire” but was suddenly shoved by the Defendant.
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What is a criminal ?

Technically, I suppose it is someone who is convicted of a crime. Some folks would even substitute the word “accused” for the word “convicted”.

Here in Attorney Sam’s Take, it can be someone who had a really bad moment and lost control. It could happen to any of us.

Some people think that 59-year-old Artis Hughes (hereinafter, the “Driver”) should be considered a criminal. He is the bus driver who had an altercation with a female passenger, 25-year-old Shi’dea N. Lane (hereinafter, the “Passenger”). In fact, there are others who feel that she should be considered a criminal as well.

For those of you who may have missed it, you can actually watch the highlights of the altercation on YouTube. It actually took place in late September in Cleveland.

According to law enforcement, the battle began when the Passenger boarded the bus. She complained that she could not pay the bus fare because she had forgotten her backpack. As the discussion continued, she asked questions like, “Are you putting me off the bus?” and “Is this how you treat people in Cleveland?”

Miraculously, the Passenger was suddenly able to pay her fare…which she did. And then she allegedly started cursing at the Driver and calling him names. Apparently deciding that the verbal altercation was not achieving satisfaction, she is said to have grabbed his throat, spit in his face and strike him with her fist. The Driver says he reached for his cellphone, but she knocked it out of his hands. The Driver says he finally “pushed her back” until the police could arrive.

Well, it turns out that one man’s push-back is another man’s upper-cut.

Watching the video, one can see the Driver stand up, wind up and smash her in the face with his fist. She is then seen flying backwards.
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Yesterday, we began a discussion about Dorchester’s Calvin Horne, 26, (hereinafter, the “Defendant”).

The Defendant stands accused of assaulting policemen and being in possession of a gun and drugs. The witnesses against him seem to be law enforcement officers. He also already had a pending drug case and he has a rather long criminal record. Should he testify, the Commonwealth will likely be able to reveal his criminal record to the jury.

Can the Defendant’s attorney mount a viable defense in this case?

Attorney Sam’s Take On Triable Issues

As I mentioned yesterday, I have no other knowledge about this case than you do at this point. I am sure that there are facts of which I am unaware that will help…and others that will hurt….the defense. Further, I am not claiming that these ideas, if employed, would absolutely bring a defendant’s verdict. As I have told you before, if you ever catch a trial attorney, civil or criminal, promising a particular result at trial…run as fast as you can in the opposite direction.

Criminal trials, like civil trials, are influenced not only by the facts and the laws at issue, but the human beings in the mix. The defense attorney. The prosecutor. The Judge. The Jury.
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If what they are saying about Dorchester’s Calvin Horne, 26, (hereinafter, the “Defendant”), he is lucky to be alive today. He is alittle more “CORI-challenged”, though. He is facing new charges for assault and battery as well as drug and gun charges.

His case is of interest for a few reasons and so Attorney Sam’s Take will discuss it today and tomorrow.

According to an officer who was apparently willing to talk to the press on condition of anonymity, the Defendant’s vehicle was pulled over by a police officer familiar with him. The stop was allegedly for a traffic infraction. After the officer and the Defendant “chatted” a bit, the officer indicated that he would have to check the license plate against the computer database.

According to law enforcement, the Defendant was not in favor of the check and indicated as such…physically.

The fight which followed, which ended up involving other officers, is said to have continued for over 10 minutes. According to prosecutors, when it was over, the original officer’s ear had been pulled by the Defendant to the point of ripping it and damaging his eardrum. The Defendant is also alleged to have tried to grab the officer’s gun.
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Edwin Perez was a 24-year-old man of Springfield.The other night, he was sitting in a chair outside with an infant on his lap. Today, he stands accused of assault and battery charges as well as gun possession.

I thought that the tale of Mr. Perez (hereinafter, the “Defendant”) was a suitable follow-up to yesterday’s Attorney Sam’s Take. It illustrates another example of a somewhat unusual assault and battery case.

As the Defendant sat with the infant, someone had complained to the Massachusetts State Police that he possessed a weapon. The officers went to investigate.
According to the officers, as soon as the Defendant saw them approach, he “immediately threw the infant to the ground” and ran.

As usual, he did not get far. The troopers chased him. The Defendant is said to have then pulled a loaded gun from his waistband, and tried to fight off officers in a “violent struggle”.

He did not win the struggle.
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