Pre-Arraignment Diversion for Man Charged With Assault and Battery By Means of a Dangerous Weapon

In October of 2020 Boston Police were dispatched to a Dunkin Donuts parking lot for a report of a fight. They arrived to find the victim, a tow truck driver, bleeding profusely from the face. The victim had been called by the manager of the Dunkin Donuts to tow a car that had been parked for an extensive period of time. Its operator had never entered the establishment. As the car was being towed away the defendant yelled at the driver to stop. The driver continued and the defendant threw his cell phone at the truck, causing some damage. The driver then exited the truck to confront the defendant. The defendant retrieved his phone and threw it at the victim. The phone struck him under the eye causing severe bleeding and necessitating stitches. The police charged the defendant with assault and battery by means of a dangerous weapon. This is a felony in Massachusetts under G.L. c. 265 Section 15A. Attorney Neyman was hired to defend the man. He was able to get pre-arraignment diversion pursuant to G.L. c. 276A.

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