A summer cook-out quickly turns violent after officers from the Boston Police Department arrive in response to a noise complaint. Our client approaches the officers with an open beer, using profanity towards the officers. The officers warn our client to return inside with his beer, or they will place him under arrest. He pours his beer on the ground and returns to the party.
Hours later, the same officers return demanding that the party be shut down. Once again, officers observe our client drinking in public, so one of the officers tells him to pour the beer out and go home. The officer’s request is ignored, and our client responds with more taunting words and profanity.
Another party-goer takes our client’s beer from him and tries to take him inside. As our client approaches the officer to continue yelling at him, the officer deploys his oleoresin capsicum (OC) spray directly into our client’s eyes. The officer charges our client with Assault, Disorderly Conduct, and Drinking in Public. The officer alleges in his police report that our client “lunged” at him, and that the officer was put in fear of bodily harm.
At trial, the officer and his partner testified that our client lunged at one of the officers, with his hands positioned in a manner that made him believe that our client was going to punch him. In preparation for trial, Attorney Pidani and his investigator were able to obtain cell phone footage of the incident. The footage showed our client taking a step towards the officer, but that our client’s hands were down by his side. Attorney Pidani cross-examined the officers and exposed to the jury a number of concerning inconsistencies with the officers’ version of events.
After a trial by jury, our client was found not guilty of drinking in public, guilty of disorderly conduct ($150 fine), and not guilty of Assault on the officer.