Waltham- A Waltham area man was found not guilty of operating under the influence, 2^nd offense. On a hot, sunny August afternoon, 2 groups of men got into a fight. Beer bottles were thrown at one man and another was hit in the head with a metal baseball bat. Seeking shelter from the onslaught of beer bottles and fists, 1 man got into his truck and locked the door. But the man with the bat kept coming- smashing all the windows in the truck. The man inside had no choice but to drive to get away. Peeling out of the parking lot, the man's truck slammed head on into the responding police car. A competing harm's defense called "necessity" was employed here. The jury returned a verdict of not guilty after deliberating for less than 30 minutes.

The man is very grateful to his wife and friends for their emotional and financial support while he was held in ICE custody. He may now remain lawfully in the United States with his wife and daughter.