Criminal Charges:
Two (2) Counts of Assault and Battery on an Elderly Person
Case Overview:
Dartmouth Police (hereinafter “police”) received a 911 call from a male stating that he was getting beat up. The audio from the 911 call recording has the man’s voice saying, “I’m getting beat up over here. I’m getting killed over here. Guys beating the shit out of me. He’s a big giant guy [and] I’m a little guy.” Police arrived on scene and were approached by a man standing outside the home where the incident allegedly occurred. Police then observed the male 911 caller inside of the home, in the window, pointing to his face with an injured eye, and then pointing at the man police encountered outdoors. Police separated the parties and interviewed the complainant who stated to them the man hit him in the eye causing visible blood vessel damage. The complainant further stated that the man tried to crush his neck and smacked him around. He also complained of an injury to his body and showed police a swollen area in the center of his chest. Police photographed these injuries. The 911 caller was age 66, only had one lung, and was physically disabled. Based on his allegations, police called a rescue to evaluate the complainant’s injuries and arrested the male who was identified as the attacker. Police charged the man in New Bedford District Court with two counts of Assault and Battery on an Elderly Person. The man, who already had an open case in New Bedford District Court for Violating a Harassment Prevention Order and Intimidation of a Witness, contacted Massachusetts Criminal Defense Attorney, John L. Calcagni, III, and his team for criminal defense representation.
Case Result:
Dismissed. Attorney John L. Calcagni, III first represented the man at his arraignment and avoided a bail violation that could have landed him in jail for up to 90 days. Following an ongoing investigation by Attorney John L. Calcagni, III and his team, they successfully persuaded the prosecution to dismiss this case and its charges.
New Bedford District Court, Massachusetts
75 N. Sixth St
New Bedford, MA 02740
Phone: (508) 999-9700
Cities and Towns: Acushnet, Dartmouth, Fairhaven, Freetown, New Bedford and Westport
