LAW OFFICES OF PETER J. CYR

Charge(s):                    Elevated Aggravated Assault (Class A)

Court:                          Cumberland County Unified Criminal Docket

Date(s):                       December 11-13, 2013

Verdict:                       NOT GUILTY

After a three-day trial and two hours of deliberation, the jury found our client not guilty. The verdict was based on the State’s failure to prove that (Client) did not act in self-defense. In the early morning hours, near a bar in Portland’s west end, (Client) cut the side of (State's Victim)'s  neck using his pocket knife. There were no other witnesses. Earlier that night, (Client) was persistently trying to talk to his ex-girlfriend, who didn’t want to talk to him, and State's victim intervened. State's Victim confronted (Client) on three occasions that night, including once while the ex was walking home. At the end of the night, the ex ended up back inside the bar, and Client and State's Victim down the street from the bar. State's Victim testified that Client ran toward him, causing him to slip and fall, ran back to kick him in the face, and, when State's Victim tried to stand, cut his neck. On the other hand, Client testified: As he was trying to walk back to the bar to talk to his ex, State's Victim blocked his way, shoulder checked him, and eventually tackled him. Client freed himself, ran away, and hid beside a hedgerow on the corner. State's Victim found him and strangled him. Unable to breath, Client pulled the knife from his back pocket, swung it at State's Victim, and ran away. At trial, the defense demonstrated that the physical evidence and testimony from other witnesses contradicted States Victim's version of events and, by contrast, corroborated Client’s version. The defense also demonstrated that the police had jumped to the conclusion that Client was guilty and ignored important evidence, such as photos of bruises on Client’s neck.