Vermont resident avoids  assault charges after victim refuses to proceed with case
From the Courts
November 10, 2020
Vermont resident avoids assault charges after victim refuses to proceed with case

A male resident of Vermont charged with assaulting a female of the same area, has avoided a criminal charge after the woman, whose eye was visibly bruised, indicated quietly to the court she did not want to proceed.  

The alleged incident for which the defendant was charged occurred on November 5, the same day as general elections, while the two residents were in Vermont.  

When the defendant was brought to the SOC yesterday, November 9, he pleaded not guilty to the crime of assault causing actual bodily harm. The next step was for the magistrate to ask the prosecution whether there was any objection to him being allowed bail. However, the prosecution indicated that the complainant wanted to say something.  

The woman entered the court sporting a black eye on her left eye, and carrying a tissue to dab it.  

She then entered the witness box, and was sworn to tell the truth, the whole truth and nothing but the truth. 

The prosecution asked her, and she revealed that she is from Vermont, and that she knows the defendant.  

She was facing the direction of Chief Magistrate Rechanne Browne, who asked her if she was comfortable, and observed that she didn’t seem comfortable at all, and was shaking.  

If she answered the magistrate, it was too soft to hear. 

To the prosecution’s next question as to whether she was proceeding with the matter, the reply was no.  

The young woman indicated, when asked, that this was a decision that she arrived at, of her own free will, and she was not threatened or coerced.  

The prosecution then stated that they were offering no further evidence. 

The magistrate said that she noticed certain things, including the complainant’s discomfort, rapid breathing and contemplated whether the injury was affecting the complainant’s sight or could have quite easily done so.

She acknowledged that it was the complainant’s decision, and said that the court is going to respect it.  

“She took a certain course and you get to walk out here today but that sort of behaviour is not acceptable,” Browne told the defendant.