A Saugus man in his fifties who works in Boston had a confrontation with a younger man in his thirties in Boston that led to a brief fistfight. They did not know one another and the fight ended quickly and they each went their own way. The fight took place in the summer of 2009. Thereafter the Saugus man noticed the younger man at the train platform at North Station while waiting for his train. One October night the Saugus man got on his train and noticed the younger man get on the same train. The Saugus man took the train to his stop in Melrose and the younger man got off at the same stop. The Saugus man was concerned that the younger man was going to follow him to his home. The Saugus man had a dog leash in his jacket pocket with metal studs on it. The Saugus man confronted the younger man and proceeded to beat the younger man with the collar, clearly getting the better of the fight and causing some injury to the younger man. Someone called 911 and the Saugus man got arrested for assault and battery with a dangerous weapon (a felony). The Judge in Malden Court – who clearly felt there was more to the story than met the eye – ordered the case continued generally for six months to be dismissed. This disposition of a general continuance of the case was quite favorable as there was no admission of guilt or wrongdoing by the accused. His plea of not guilty remained in full force and effect and at the end of the six months the case will be dismissed. This is similar to a continuance without a finding, except that a continuance without a finding does require an admission that the evidence is sufficient to warrant a finding of guilty. In this case there was no admission.
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