Charges of Leaving the Scene With Property Damage Do Not Issue After Clerk Magistrate Hearing-1

The defendant lives in a high income Boston suburb. On September 27, 2019 police in his town received an OnStar call alerting them to an accident severe enough to deploy airbags. The officers responded and found a mailbox had been knocked over. The OnStar operator identified the owner of the vehicle and his address. The officers went to the address and tried to make contact with the occupants. Noises, including voices within the home were heard by the police. Through a window they observed one of the home occupants on a stairwell. The police illuminated the garage with their flashlights and observed the vehicle, damaged and with deployed airbags. The next day officers contact the car owner. Their recorded conversation with the man matched the OnStar recording. Accordingly, charges of leaving the scene with property damage under G.L. c. 90 Section 24 were applied for. Attorney Neyman was retained to represent the defendant at the clerk magistrate hearing, G.L. c. 218 Section 35. After the hearing, we convinced the clerk magistrate not to issue the complaint. No charges will issue.

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