Criminal Charges:
Individual charged in the Malden District Court, Middlesex County, Massachusetts for:
- Assault and Battery, in violation of M.G.L. c. 265, § 13A(a)
- Threat to Commit a Crime, in violation of M.G.L. c. 275, § 2
Case Overview:
Police responded to Pine Banks Forest for a report of an assault and battery. Upon arrival, they spoke to a black woman who informed them that while walking on a trail, she had an encounter with a white man when an incident occurred involving their dogs. She claimed both dogs were off leash and the man’s dog charged her dog and bit its leg. When she pushed the dog away, she claimed that the man ran over to her, chest bumped her, put up a fist and said, “Don’t touch my f*cking dog,” “If you touch my dog again, I am going to bust a cap,” and “get back to the back of the bus n*gger.” When police spoke to the man and his daughter, they provided a different version of events. They claimed that the dogs greeted each other and began barking when the woman kicked his dog for no apparent reason, bumped his chest, and threatened both to mace him and the dog and ruin his life. The man admitted to yelling but denied any racial epithets. Notwithstanding his cooperation, the man was charged with Assault and Battery and Threat to Commit a Crime. He retained the Massachusetts Criminal Defense Law Office of John L. Calcagni III, Inc. to represent him in his case.
Case Result: Pretrial Probation.
Attorney Calcagni and his team immediately filed a private application for criminal complaint against the woman, and successfully secured the issuance of a criminal complaint against her. The Defense also successfully secured a pretrial resolution of the case that called for the man’s placement on pretrial probation for one year with conditions that he stay away from and have no contact with the woman. The resolution involves no conviction and admission of criminal responsibility. In one year from now, assuming the man remains out of trouble and abides by his conditions, the case will be dismissed and be immediately eligible to be sealed from public records.
