Assault & Battery with a Dangerous Weapon

On May 7, 2021, TN, a seventeen year old female student at an Essex County High School, got into an argument with another female student in the ladies bathroom at the school. The female student took out her cell phone and began recording TN at which point TN took her shod foot (a foot with a shoe on it) and kicked the student striking the hand with the phone. The incident occurred in the presence of witnesses and to a great extent was recorded by the other student. TN was charged with assault and battery by means of a dangerous weapon (s shod foot) and was summonsed to appear in Newburyport Juvenile Court. TN’s parents consulted with and hired Attorney Robert Lewin from Andover. The case was scheduled for an arraignment in Juvenile Court on June 2, 2021.

Essex County has a Juvenile Diversion Program which, in essence, allows a juvenile to avoid getting a record. Attorney Lewin immediately obtained a copy of the video and the police reports and reviewed these with TN and her parents. TN and her family agreed that if TN could get her case diverted it made great sense as the evidence was not “pretty”. Attorney Lewin contacted the director of the Juvenile Diversion program and after reviewing the case she agreed that TN would be a good candidate for diversion.

On June 2, 2021 TN’s case was called for arraignment in Newburyport Juvenile Court. The arraignment was NOT held. By agreement the case was continued to October 6, 2021 (4 months) to allow TN to complete the diversion program.

On June 16, 2019 CT, a 59 year old single mother of two children (a son age 21 and a daughter age 16), went to bed after a night of considerable drinking. Both of her children were at home. She and the children live in Arlington. Her daughter had gone to bed around 10:30 the evening before and her son went to bed around 12:30 AM. CT went to bed at 1:30 AM. After going to sleep she was awakened – according to her – by a person on top of her “stabbing me repeatedly”. She pushed against the person who then fled her bedroom. She yelled out to her children and her son and daughter responded to her room. The daughter immediately called the police. CT was very blooded and the bedsheets were covered in blood. The police responded quickly. The police report reads as follows: “Directly in the room and on the bed was [CT] who was covered in blood. She was also holding a towel over her neck to apply pressure to the wound. She stated “I’ve been stabbed” When asked who did this she confidently stated “My son”. BT (the son) who was in the room when she said this, immediately denied this but there was no shock nor surprise in his voice. CT responded back “Well if not you then some man.” “

The police questioned BT and he steadfastly denied stabbing his mother. The police noticed two tiny cuts on BT, one on each hand that seemed to be superficial according to the police report. There was no blood on BT and there was no blood on his clothes, and no blood in his room.

Based on his Mother’s statement the police arrested BT and he was charged with Assault and Battery with a Dangerous Weapon (a 20 year felony). He was held at he station and brought to court the following day. Subsequently BT’s family searched for a lawyer. Attorney Robert Lewin from Andover was consulted and hired to defend BT. It was obvious to Attorney Lewin that the state could not prove that BT was the person who stabbed his mother. Attorney Lewin’s investigator (a retired Chief of Police and former president of the Massachusetts Private Investigators Association) took lengthy statements from the mother and from BT’s sister. The statements exonerated BT. The investigator suggested the possibility that the mother had self inflicted her injuries.

Articles Posted in Assault & Battery with a Dangerous Weapon

Assault & Battery by Dangerous Weapon Charge Diverted in Juvenile Court

STABBING CASE DISMISSED