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March 3rd 2010
Salem District Court
Assault with a Dangerous Weapon Chapter 265 Section 15B (b)
According to Police, Client was alleged to be drinking around a fire in a backyard when he grabbed a cinder block and threw at a fellow partygoer’s jaw. The impact of the cinder block resulted in knocking the person unconscious and leaving him with a deep laceration on his chin. As a result of Client’s actions, victim’s friend came to his aid and began punching client in his face. The repeated blows to victims face resulted in a broken nose and loss of blood. The police also maintained that Client was physically able to retaliate against victim’s friend by hitting him with a chair. After this chaotic event client was charged with the above crimes. After arraignment, Attorney Barabino filed charges against the other two parties. The application for charges was denied by the clerk of the court. Attorney Barabino filed an appeal and his appeal was successful for one of the two other involved parties. The case proceeded forward to eventual trial. At trial, one of the two parties was unavailable resulting in a dismissal of one of the charges. Insofar as the second charge, Attorney Barabino’ client asserted his 5th Amendment in exchange for the other party asserted their 5th amendment rights. The result of the process concluded in both charges against client becoming dismissed.
RESULT: Case DISMISSED
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