Threat to Commit Crime: Dismissed
A man was charged with Threatening to Commit a Crime. The charge followed a food deliveryman’s report that while making a delivery to a residential home, a neighbor threatened to bash him in the head while displaying a baseball bat. In fear of bodily harm, the driver avoided the neighbor and phoned the police. Patrol officers arrived on scene to question the neighbor. He denied making any threats to the deliveryman but admitted yelling at him after he deliveryman allegedly disrespected the American flag, which was proudly hanging from the man’s home.
While speaking with the man, police observed a wooden baseball bat on the porch that was leaning against his home. Based on this observation and the deliveryman’s allegations, the man was summonsed into court for a Clerk-Magistrate’s Hearing. He retained Massachusetts Criminal Defense Lawyer John L. Calcagni III to defend him at this hearing. Following oral argument on the man’s behalf and against the deliveryman’s allegations, the Clerk-Magistrate decided to not issue a criminal complaint or charges against the neighbor. Accordingly, the matter was dismissed.