ASSAULT AND BATTERY– NOT GUILTY
ASSAULT AND BATTERY- DISMISSED
ASSAULT AND BATTERY ON POLICE OFFICER- DISMISSED
GPS, CURFEW, HOME SOBRIETOR- IMMEDIATELY REMOVED WITH BAIL APPEAL
Brighton- The jury declared a young man is not guilty of assault and battery because it didn't happen. At trial, the defense argued that a young man was the bystander to a violent, bloody street brawl that put 2 men in the hospital. One of the alleged victims was an off duty member of law enforcement that was kicked in the head 3 or 4 times. Substantial preparation went into every stage of the felony representation. First, the bail conditions of GPS, curfew, and home sobrietor were successfully appealed and ordered immediately removed. Second, the assault and battery upon a police officer or public employee was dismissed because the alleged victim was off duty. Third, the 2nd count of assault and battery was dismissed. Fourth, key prosecution evidence was kept out by motions in limine and timely objections. Independent investigation made the difference. At trial, the prosecutor's theory of an "unprovoked attack" was defeated by evidence that one of the alleged victims started the fight.