Assault with a Dangerous Weapon; Destruction of Property; Assault and Battery:Split Disposition of Dismissal and Pretrial Probation.
Two college students observed some other students uprooting small trees and shrubbery on campus. The two observers approach the group and tell them to discontinue their destructive activities. The two groups engage in a verbal altercation, which evolves into a physical assault. During the assault, the two observers are knocked to the ground, attacked in a gang-assault fashion, and are repeatedly kicked and struck about their bodies. When campus security arrives on scene, the attackers flee and disperse throughout the university campus. Security apprehends one suspect, who the observers identify as a member of the group that uprooted the trees and initiated the assault. Accordingly, this young man was arrested and charged with 1) Assault with a Dangerous Weapon (i.e. shod feet); 2) Destruction of Property and 3) Assault and Battery. During a pretrial conference, successfully negotiated for dismissal of counts 1-2. Further negotiated that the man be able to maintain his innocence to count 3 and be placed on pretrial probation for a period of 12 months. Providing the man successfully completes his probationary term, count 3 will also be dismissed and he will suffer no criminal conviction from this event.