ANOTHER ASSAULT & BATTERY CHARGE AVOIDED

On Friday, December 13, 2013, DL, a 44 year old truck driver from Dracut was delivering a load of crushed stone to a construction site in Andover. DL and the foreman at the construction site got into a heated argument about where the crushed stone was to be dropped. DL (well over six feet tall and well over 250 pounds) got down out of his truck and went chest to chest with the foreman. According to the police reports, the foreman began to turn away from DL and DL then punched the foreman in the face. According to the foreman DL then jumped on top of the foreman and beat him about the face. When questioned by the police DL told the police that the foreman had bumped DL in the chest and then cocked his arm back as if he was going to hit DL when DL in self-defense punched the foreman in the face. The Andover Police filed an application for a criminal complaint against DL for assault and battery. DL retained Attorney Robert Lewin.

Attorney Lewin told DL that he should apply for a criminal complaint against the foreman for assault and battery (the chest bump). Attorney Lewin told DL that this would level the playing field and might convince the foreman to drop the case. On April 10, 2014 DL and Attorney Lewin and the foreman and his lawyer and the Andover Prosecutor were all present in Lawrence District Court for the hearing on the cross complaints for assault and battery. The foreman had taken a pretty good beating and had photos of his face and a hospital report. Attorney Lewin took the foreman’s lawyer aside before the hearing and said that neither the foreman (who has a criminal record) nor DL should want criminal complaints to issue. Attorney Lewin suggested that if each of the two men refused to testify and agreed for no complaints to issue that it was very likely the clerk-magistrate would go along. The foreman’s lawyer said the foreman was adamant about going forward with the hearing. The hearing proceeded: the foreman came off as a wise guy; DL came off as sincere. The Clerk asked to hear first from Attorney Lewin. Attorney Lewin acknowledged that there was probable cause to issue the two complaints (one against each man) but it was in the best interest of both men to walk away from this fight with no criminal complaints. The foreman’s lawyer began to speak and the Clerk interrupted and told him that there was probable cause to issue complaints against both men. The Clerk asked if that was what the foreman really wanted. At that point the foreman and his lawyer talked and agreed that everything would be dismissed. Both applications for criminal complaints were then dismissed. Had DL not filed for a complaint against the foreman the complaint against DL would have been issued. As a result of the Clerk not issuing any complaints, DL does not have to return to court, he does not have to appear before a Judge, and he has no criminal record.