Deferred Dismissal for Man Who Acted in Self-Defense

McCarter achieved a positive result for Scott Hayes, a Framingham man charged by the Commonwealth of Massachusetts with assault and battery with a dangerous weapon.  The charge arose from an incident in which Hayes was violently tackled to the ground, causing serious injuries to his neck.  When attacked, Hayes was calling 911.  After tackling Hayes, the attacker choked him and reached for Hayes’ lawfully possessed firearm.  Hayes fired the gun in self-defense, wounding the attacker.  The McCarter team ultimately convinced the prosecution to agree to a deferred dismissal.  Glenn MacKinlay, lead counsel for Hayes, said, “This has been a long journey, but we remained confident throughout that the evidence would show Hayes acted in self-defense–and that’s exactly what has happened.”  He continued, “We are pleased that the DA’s office and the police departments have agreed to a deferred dismissal.  We appreciate the work that went into arriving at this result and bringing this to a conclusion.”  The McCarter team representing Hayes also included Dean Elwell.