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Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call (617) 206-1942.

Posted On: November 19, 2012

MATTAPAN MAN IS ARRESTED FOR ASSAULT AND BATTERY AT BOSTON-AREA COLLEGE BRAWL

On Thursday night, there was a talent show at Mount Ida College in Newton. The real blockbuster apparently happened after the show. It was a large brawl involving more than 100 people. Of all those people, some of which were issued summonses, only one gentleman was arrested.

That would be the gent accused of assaulting a police officer.

You see, law enforcement arrived at the Dedham Street school at 10:40 p.m. and found people fighting outside of Carlson Hall, according to Officer Eric Rosenbaum. Newton police, when realizing what they were faced with, requested assistance from the State Police as well as local officers from Boston, Brookline, and Waltham. A State Police K-9 unit was also used to disperse the crowd.

According to Officer Rosenbaum, the melee started after a talent show which was, ironically enough, sponsored by the college’s Office of Diversity and Inclusion, he said. “It looks like it all stemmed from something that happened there,” he reported.

The one man arrested for assault and battery on a police officer has been identified as Randy Carius, 21, of Mattapan (hereinafter, the “Defendant”). While not placed under arrest, three other men were given summonses for disorderly conduct. They included an 18-year-old from Boston, a 21-year-old from Florida, and a 22-year-old from Connecticut, according to the officer.

Police were unsure whether any of the four men were Mount Ida students,

Officers used pepper spray on one person, but there were no real injuries, according to Officer Rosenbaum. The police remained on the scene throughout the night and into the morning hours.

The school’s officials said the school is investigating the incident.

“We are working closely with local law enforcement and are taking immediate action, including suspending students who were involved, pending further disciplinary proceedings,” the administration said. “Mount Ida College has a zero-tolerance policy towards violence of any kind as the safety of our students is paramount.”

Attorney Sam's Take on Assault Cases Both On And Off Campus

We have discussed campus crimes several times in this daily blog.

Often, schools will take action against students who allegedly break the law whether it took place on or off campus. However, if it took place on campus, the chances are greater that there will be severe repercussions.

This is especially true when the allegations include acts of violence. After all, schools owe a duty to their students that they will be safe while on campus. This is why there are “zero-tolerance” polices such as that claimed above.

This case is alittle different, though.

Clearly, several people were involved in the acts of violence. So many, in fact, that there does not seem to be much information as to who, other than the lucky four, were involved. Of those four, three are being charged with only disorderly conduct. Thus, one lone soldier, the Defendant, stands alone out of the semi-riot.

And why?

Because the person he hit was a police officer.

At least, that is how law enforcement, and so the criminal court, sees it.

Under our law, by the way, assaulting a police officer is considered to be worse than assaulting your average citizen. There are potentially higher penalties in fact. The officers are, after all, supposed to be peace-keepers. There is nothing in this story, by the way, to indicate that the officers were doing anything other than trying to calm the situation down.

It makes sense that the school would treat the Defendant differently from others who may turn out to be identified as part of the fracas. Assaulting a police officer is disrespecting people in authority in the extreme. In a school environment, this is not acceptable.

The fact that nobody else was arrested does not mean that there will be no repercussions from the school for those involved in the fight. The school can, and likely will, conduct its own investigation and bring its own disciplinary actions. These could result in anything from a probationary period to suspension to actual expulsion.

We have discussed many times what such results are likely to do to the record and future of any of those who are students.

It is not pretty.

For the original article upon which this blog is based, please go to http://www.boston.com/metrodesk/2012/11/16/more-than-brawl-after-talent-show-ida-college-newton-one-man-arrested/sXihtfySQHlTOsnUk78J0J/story.html