Criminal Charges:
Man charged in Westborough District Court for:
- Negligent Operation of a Motor Vehicle, in violation of M.G.L. c. 90, § 24(2)(a)
- Failure to Stop/Yield, in violation of M.G.L. c. 89, § 9
City, State, County, and Court:
- Shrewsbury, Massachusetts
- Worcester County
- Westborough District Court
Case Overview:
Police were dispatched to a Home Depot parking lot for what was originally a medical call for an elderly woman who had fallen resulting in bleeding to her head and loss of consciousness. When the woman regained consciousness, she was unable to remember what had happened and was transported to the hospital for treatment of her injuries. There were no eyewitnesses to what had transpired. Police reviewed the video surveillance footage from outside of the Home Depot and learned that the woman was struck by a motor vehicle. The footage showed the vehicle was still parked in the lot. They ran the registration plate, spoke to the store manager, and were able to both locate and identify the man as one of the store employees. When police confronted the man, he stated that he saw her fall, but when confronted with the surveillance footage, he changed his story. As a result, Shrewsbury Police filed an application for criminal complaint against the man seeking to have him criminally charged with Negligent Operation of a Motor Vehicle and Failure to Stop/Yield. The man received a summons to appear for a Clerk-Magistrate’s Hearing in Westborough District Court. In response, he retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him at his hearing.
Case Result: Application for Criminal Complaint Denied.
Attorney Calcagni and his team successfully secured the Clerk-Magistrate’s agreement to not issue the complaint. Alternatively, the Clerk agreed to hold the matter open for up to one (1) year without issuing the complaint on the condition that the man provide the Clerk with proof that the interrelated civil lawsuit has been settled. Once the suit was settled, the application was denied the matter was closed without any criminal charges or further prosecution.
