Massachusetts Criminal Lawyer Blog
This case goes under the heading of “Some guys just don’t know when to quit.” KQ, a 32 year old security guard, and his former girl friend (BG), a 30 year old nurse, had one child – a six month old daughter. In the late fall of 2016 their relationship came to an end. KQ was licensed in MA to carry a firearm and he lawfully possessed a gun. On December 17, 2016, KQ, unhappy with the breakup of their relationship, sent an angry text message to BG. In the text message he wrote: “If anything happens to my daughter, you and your partner will get shot.”. BG ignored the text. On February 21, 2017 KQ – still angry over the breakup of the relationship – went to BG’s house in Lawrence. BG tells him to leave and slaps him across the face. KQ goes to the Lawrence Police Department and makes a complaint against BG for an assault and battery! The police go to BG’s house and speak with her. She admits that she slapped him but then she shows the police the text message that he sent her back in December in which he threatened to shoot her. The police charge them both. They charge him with threat to kill and they charge her with assault and battery. KQ consults with and hires Attorney Robert Lewin from North Andover.
Attorney Lewin and KQ had a lengthy discussion about KQ’s actions. It took a while but KQ finally acknowledged how stupid he was to put the threat in writing in a text message and how even more stupid he was to go to the police after BG slapped him across the face.
In any event both KQ and BG were arraigned in Lawrence District Court. BG retained an attorney whom Attorney Lewin knows well. Attorney Lewin called BG’s attorney and proposed that both KQ and BG would exercise their Fifth Amendment privilege not to testify against one another. This would make prosecution of either case very difficult for the state. BG’s attorney agreed.
On July 25, 2017 the case against KQ and the case against BG were both scheduled for trial in Lawrence District Court. KQ and Attorney Lewin and BG and her attorney appeared in Court. When the cases were called Attorney Lewin explained to the Judge that both KQ and BG were going to exercise their Fifth Amendment privilege not to testify in the case against the other. The Assistant District Attorney said that without the testimony the Commonwealth could not go forward with either case. Attorney Lewin (and BG’s attorney) then requested that the cases against KQ and BG be dismissed. The Judge ordered both cases dismissed.
As a result of his being charged with threatening to shoot his former girlfriend, the Lawrence Police suspended KQ’s license to carry a firearm and they took his firearm. Attorney Lewin explained that KQ has the right to appeal the suspension and the taking of his firearm. Attorney Lewin also explained to KQ that if he did appeal the suspension and the taking of his firearm that in the court hearing on the appeal he would be questioned about the threatening text message he had sent and that the threat case against him could be re-opened and prosecuted based on statements he would make during the appeal of the gun suspension. For once, KQ decided to leave well enough alone.