Our client was shopping at a pharmacy in Boston. The store’s loss prevention officer approaches him to inquire about a brush that he observed our client place into his pocket. Our client complies with the loss prevention officer’s request to accompany him to a different part of the store. Our client explains that he mistakenly put the brush in his pocket after using it while walking around in the store. He produces the brush and apologizes. The officer requests a picture ID, so he voluntarily hands the officer his driver’s license.
. . . a shoplifter just pulled a gun on me.
While walking out of the store, the loss prevention officer and our client get into an argument. Neither person was physically combative. The argument ended and the officer immediately called 911. When the dispatcher asked him what happened, he replied by saying “a shoplifter just pulled a gun on me.”
The prosecution attempted to prove its case through the testimony of the loss prevention officer. Attorney Pidani put the responding officer on the stand. The shortcomings of the prosecution’s case quickly became very apparent. The officer did not know how many witnesses were interviewed, whether the incident was captured on security footage, whether a gun was ever found, or whether our client was even arrested. Attorney Pidani urged the jury to demand more from local law enforcement.
The jury deliberated for less than thirty minutes before finding our client not guilty of Assault With a Dangerous Weapon.