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Charges of Assault and Battery by Means of a Dangerous Weapon Against Chef do Not Issue After Clerk Magistrate Hearing
The defendant is a well known chef who co-owns many restaurants throughout the northeast. Several months ago, he and one of the cooks at one of his Massachusetts restaurants got into an argument. The argument turned physical when the “victim” spit in our client’s face. Our client responded by hitting him with a large ladle and kicking him in the head. Video footage taken from security cameras in the kitchen confirmed the victim’s account of the incident. Our client received a summons for a clerk magistrate hearing charging him with two counts of assault and battery by means of a dangerous weapon in violation of G.L. c. 265 section 15A. The clerk magistrate recognized the inevitable exercise of mutual 5th Amendment privileges and refused to issue the criminal complaint.
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