August 23, 2017

Assault and Battery

Fitchburg District Court

Client a 42 year old Gardner, MA man was charged with Assault and Battery with a Dangerous Weapon.

The client is a Sergeant at the Department of Corrections, where he has worked for almost 20 years.  The case involved a blended family of the client and his child along with his girlfriend and her two children one of which was the alleged victim.  The client was alleged to have thrown a lava lamp against a wall approximately 5 feet from the victims head during an argument, when it shattered covering her with glass and the contents of the lamp.  The alleged victim was struck with a piece of glass that caused a laceration on her head.  The victim was taken to the hospital and treated for her injuries.

After the Court allowed several of Attorney Riddle’s pre-trial motions he presented evidence at trial that the alleged victim had engaged in a pattern of conduct of being disrespectful, disobedient, and violent in the past.  In addition evidence was presented that the alleged victim was assaulting her mother during the argument and the client simply through the lava lamp to get the victim’s attention and to get her stop abusing her mother.

After a two day jury trial the client was found Not Guilty and allowed to maintain his employment with the Department of Corrections and allowed to maintain his license to carry a firearm.