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) 492 3000.

Family Plan Assault Bring Attempted Murder Charges Outside Boston

This past Monday’s posting of the Boston Criminal Lawyer Blog was about a gentleman who elected the “self-help” approach to criminal justice.

It did not end too well for him.

Today’s posting demonstrates that taking said approach as a family does not work out any better than when acting solo. One could also argue that it is why this daily blog should be required reading…but that’s another issue.

This time, the place was Rockland. Michelle C., 41, of Rockland (hereinafter, “Mommy Defendant”) and her son, Jason R., 24, of Abington (hereinafter, “Sonny Defendant”) were arrested on Easter Sunday for allegedly assaulting an 18-year-old Scituate man, stabbing him twice, during a dispute.

The dispute was about clothing.

According to Rockland Lt. Barry Ashton, Sonny Defendant and the alleged victim were formally friends. They had planned to meet to exchange some clothing. You see, the complainant had a Miami Heat basketball jersey in his possession that belonged to Sonny Defendant and Sonny Defendant had a hat that belonged to the complainant.

The defendants parked a white van several houses away from the home of the complainant’s sister. The complainant and an acquaintance walked over to the van but, according to Ashton, an argument started between the complainant and Sonny
Defendant, who left the van.

Apparently, a fight ensued and, according to police reports, Mommy Defendant left the van to help her son in the fight the complainant.

The complainant was stabbed twice during the fight, Ashton said, once in the elbow and once in the back
“Then both suspects jump in the van and at this point the victim’s sister comes out of the house and as they were leaving the area quite hurriedly,” Ashton said. “She steps out and says ‘stop, stop’ and they tried to run her down.”

The woman was almost hit by the vehicle, Ashton added.

And so it was that at 11:39 Saturday evening, Rockland police received an emergency call reporting that a man had been stabbed in the middle of Exchange Street in Rockland. The complainant was transported to South Shore Hospital in Weymouth for treatment of the stab wounds.

The knife that police believe was used in the incident was located later in a gutter by 139 Exchange Street. Ashton described the knife as a multi-tool device, which included a bottle opener and a small blade.

Shortly before 4:00 the next morning, the defendants were arrested at Sonny Defendant’s home. Both were charged with attempted murder, as well as assault and battery. Additionally, Sonny Defendant was charged assault and battery with a dangerous weapon (the knife) and Mommy Defendant was charged with assault and battery with a dangerous weapon (the motor vehicle.)

“When they interviewed [Sonny Defendant], he was trying to say he was the one that got stabbed,” Ashton said. “He had no stab injuries to him. The mother said she tried to break up the fight, not join in.”

While Mommy Defendant was released on personal recognizance from Hingham District Court, while Sonny Defendant remains incarcerated pending a dangerousness hearing which is scheduled for May 8th.

“The victim stated that he was stabbed in his elbow and his back left side,” Ashton said. “In talking with the victim at the hospital, he said he had been slammed into the pavement and they started punching him and the mother grabbed him also and scratched him with her fingernails.”

Attorney Sam’s Take:

First question. “How come Mommy Defendant went home and Sonny Defendant is still locked up?”

Sonny Defendant was charged with additional crimes that Mommy Defendant did not. For example, he is alleged to have used the knife .The graver the charges, the more the incentive to flee, and so the more bail. In fact, holding Sonny Defendant on bail is not even enough for the Commonwealth. They want to hold him without bail because they believe he is a threat to the community. Could it be that Sonny Defendant has been deemed a bad boy in the past and has a record?

Of course, allegedly lying to the police does not help too much. Interesting attempt, too. How do you try to convince the police that “they got the wrong victim because I am the one who got stabbed” when you have no stab wounds?

An interesting legal reality about that little statement. Did you know that lying to investigating officers like that is technically a felony? It is included in the definition of “Intimidation Of A Witness”, which is a felony charge.

Criminal charges can easily result from altercations. That is why, if a confrontation about your property is brewing, even if it is over something as important as a shirt or hat, you do NOT want to continue the confrontation. Take a more legally accepted route. Call the police. Call a lawyer. Call his mother.

Once again, self-help does not work.

Worst of all?

The jersey is probably being kept as evidence…which means that, incarcerated or not, it is likely to be a long time before Sonny Defendant gets it back after all.

The full articles of this story can be found at : http://www.wickedlocal.com/rockland/news/x1824565533/Mother-and-son-face-assault-charges

Contact Information