Massachusetts Criminal Defense Attorney Blog
William Kotowski and his wife Joanna were driving home in separate cars after meeting for dinner late last week. Another car being driven by an unnamed individual was being operated in an aggressive manner, one that appeared threatening to the Kotowski’s. That man pulled off of the road to enter and establishment. William Kotowski followed the man into the parking lot. While he was in his car the other man approached him and started to scream at Kotowski. This individual claims that Kotowski then brandished a firearm, pointing it at his face. Kotowski then left. The police arrived at his home, conducted a search and found the Firearm. Joanna Kotowski arrived home during the arrest. Incensed at the fact that the other person was not arrested she went back to the store to confront the man. She too was then arrested. William Kotowski has been charged with Assault and Battery by Means of a Dangerous Weapon and a Massachusetts Firearms Crime. Joanna Kotowski has been charged with Assault and Battery and Disorderly Conduct. The case is pending in the Newburyport District Court.
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The best way to see what might have happened in the parking lot is to check for security video cameras. More and more establishments have installed some sort of security device over the past decade. The cost of installation is cheap. Parking lots and entryways to today’s establishments often have this equipment to prevent thefts and to identify suspicious patrons. A diligent Massachusetts Criminal Lawyer will usually visit the crime scene on his case to see what evidence might exist to help exonerate his client. One such piece of evidence is the presence of video equipment. I recently had a Drunk Driving (OUI) case in a Middlesex County Court where the police officer failed to secure a videotape of the parking lot at a convenience store where he supposedly had the defendant perform Field Sobriety Tests. During cross-examination the officer was shown pictures of the structure, the parking lot and the cameras. He was asked whether or not efforts were made to secure the videotape. His answers were evasive. It was clear to the jury that the officer was either lying or that he did not adequately do his job. This resulted in a successful outcome for my client. A videotape might support Kotowski’s defense that the “victim” was the initial aggressor in this case.
The Kotowski’s complaint about the victim not being arrested is a valid one. However, not all is lost simply because this person was not arrested. The defendant’s can certainly apply for a complaint against this person at the courthouse if they feel aggrieved.
The Law Offices of Stephen Neyman, PC defends people accused of committing crimes. We represent people charged with Assault and Battery and related Violent Crimes throughout the state. Call us at 617-263-6800 or send us an email if you are in trouble. We can help you with your case.