On July 12, 2019, Blackstone police were called to a domestic disputed between Misael Contreras and his wife.
According to court documents, the couple had been cooking dinner and Misael was enjoying some bourbon when an argument erupted over finances.
Misael’s wife demanded that he leave the apartment which she alone leased. He refused and the wife’s daughter dialed 911.
Ultimately police took Misael into custody and brought him to the station for booking.
While at the police station, Misael grabbed the booking sergeant by his crotch causing the officer “an immense amount of pain.”
Misael was charged with assault and battery on a police officer (M.G.L. c. 265, Section 13D).
At trial the officer testified about the pain he suffered from Misael’s attack. He also recalled yelling out “You just grabbed me by the balls or something to the effect.”
Additionally, the prosecution played the booking video which did not visually capture the incident but did record the sergeant shouting “you grabbed my nuts!”
After both sides presented their arguments at trial, Misael’s lawyer moved for a required finding of not guilty. The trial judge denied the motion and the jury convicted the defendant.
Miseal appealed, arguing that the trial judge erred by not allowing his motion for a required finding of not guilty. His lawyer argued that the motion should have been allowed because there was “no visual evidence” of the assault and “all that the jury had to go on was the accusation of the Sergeant.”
The Appeals Court rejected this argument and upheld the lower court’s decision. According to the justices,
There was sufficient evidence to establish that the defendant, intentionally and without justification, touched the officer in his private area while the officer was bringing the defendant into the booking area to be booked…Contrary to the defendant’s argument, the testimony of the officer was sufficient for a jury to conclude that the defendant committed an assault and battery.
The full text of the opinion is attached below.