DISMISSED MID-TRIAL
Assault and Battery on a Person with Disability Causing Serious Bodily Injury; Barnstable Superior Court; Commonwealth v. C.C.; December 4, 2024.
Barnstable Police were dispatched to a residence in Hyannis to investigate a 911 hang-up call. Upon their arrival, they encountered the Defendant and a severely injured female laying on the ground "covered" in blood. The female was transported to Cape Cod Hospital and treated for broken ribs, a collapsed lung, and severe lacerations to her head. During the subsequent investigation, the female party reported that the Defendant kicked her to the ground and struck her three times with her wheel chair before she started to lose consciousness. Ultimately, the Defendant was charged with Assault and Battery on a Person with Disability Causing Serious Bodily Injury, Aggravated Assault and Battery with a Dangerous Weapon, Domestic Assault and Battery, and Intimidation.
Notwithstanding all of the above, Attorney Ciraulo was able to highlight omissions in the investigation and challenge the credibility of the complaining witnesses. Half way through the trial and the testimony of witnesses, the case was nolle prosequi (dismissed) in the interest of justice.
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