Boston.com reported that two middle aged Massachusetts men are facing possible felony charges after a road rage incident that occurred shortly after six in the morning yesterday. According to the reports William Wilton was driving too slowly by Edward Murphy’s standards. Wilton pulled over to let him pass by however Murphy stopped next to Wilton’s car so that the two could exchange words. So what did Murphy then do? He waived a miniature baseball bat at Wilton in a threatening manner. Wilton then withdrew a firearm and brandished it towards Murphy. Murphy called the police and later gave a statement. Wilton was arrested and found in possession of a firearm that he is licensed to carry. The incident took place in Milton. Both men face charges of assault by means of a dangerous weapon. The case will be prosecuted in the Quincy District Court.
If this article is accurate and the men did not make incriminating statements this case is a defense attorney’s dream. Both of the men have the right to exercise their Fifth Amendment privileges. That means that neither has to say anything in court. Should they choose to invoke this privilege the prosecution might not be able to prove its case. If charges issue against both of these men I would highly doubt that they would elect to testify against one another. It makes no sense. It is also a risky proposition in that truthful testimony would result in self-incrimination. Do not be surprised to see both of these cases get dismissed.
The Law Offices of Stephen Neyman defends Violent Crimes in Massachusetts. Among the cases we defend are Assault With A Dangerous Weapon cases and Possession and Carrying Firearms cases. If you have been charged with a crime in Massachusetts call our office now at 617-263-6800 or contact us online.