ASSAULT CHARGES DISMISSED AT CLERK’S HEARING IN FIGHT BETWEEN TWO MOTORISTS IN BROCKTON. CLIENT ACTED IN SELF-DEFENSE.

Brockton Police were dispatched to the scene of a motor vehicle accident and a fight in progress between the two drivers. Upon arrival, police spoke to the alleged victim who reported that the Defendant struck him in the forehead with a stick. Officers observed a visible injury to the victim’s forehead. Our client was charged with Assault & Battery and Assault & Batter with a Dangerous Weapon for allegedly striking the other man in the face with a wooden stick.

Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan argued that his client acted in self-defense. Our client was parked in the street partially blocking traffic. The other party intentionally drove into the rear-end of our client’s vehicle. Both men exited their vehicles. Our client saw something in the other man’s hand, grew fearful, and grabbed a wooden stick out of his car in self-defense. Attorney Noonan produced an Affidavit of a witness who reported that he saw the other male driver yell, “You mother******, move your car or I’m going to run your ass over.” Our client moved his vehicle several feet but the other driver intentionally drove into the rear of our client’s vehicle. This witness stated that he saw a female in the other man’s car get out of the vehicle holding a plastic bag and proceeded to walk down the street. The witness reported that the other man was acting very aggressively. Another witness reported observing the two men grappling over the stick. This witness observed damage to our client’s car from being rear-ended by the other man. This witness observed that the other man’s car was parked very close to the rear of our client’s vehicle. After the hearing, no criminal complaint issued.