In Boston Municipal Court today, Piero G. Procopio and Craig S. Strasnick pleaded not guilty to Massachusetts assault and battery with a dangerous weapon charges. The two men are accused of taking a football and a hammer and attacking Warren McMasters, who drives a street cleaning truck.
The attack allegedly occurred in Boston in the early hours of the morning. McMasters, who works for American Cleaners, says that he was driving the wrong direction down Surface Street when a vehicle drove up and blocked the road. Suffolk Assistant District Attorney David M. Givskud says that the two men then exited the SUV and allegedly attacked McMasters before driving off.
Police later saw their vehicle North Washington Street. They found a football and a hammer inside the SUV. McMasters, who sustained bruises and cuts from the alleged attack was treated at a Weymouth hospital and then later released.
Boston Assault and Battery
In Massachusetts, no actual physical injury has to have occurred for an assault and battery charge to be filed against someone. “Assault” can refer to the threat of violence even if no actual physical contact takes place. “Battery” refers to physical contact where the alleged victim did not give consent. To be charged with Massachusetts assault and battery with a deadly weapon, any object allegedly involved that can be used as a weapon can fall under the “deadly weapon” category.
Two men attack driver of streetcleaner with football and hammer, prosecutors say, Boston.com, September 24, 2010
2 Arrested In Hammer Attack On Street Sweeper, WCVB, September 24, 2010
Related Web Resources:
Massachusetts General Laws, Massachusetts Trial Law Libraries