Assault And Battery - Not Guilty

D. D. was charged with Assault and Battery on a restaurant co-worker at the start of an early morning shift, the day after a holiday. The accuser was the manager of the restaurant and the girlfriend of one of the servers. The defense was self defense, using only enough force reasonably necessary to protect himself to avoid the situation. Through cross examination, one of the accusers revealed he was a convicted felon. An eyewitness testified for the defense that the manager started the altercation by pushing Mr. D. in the chest knocking him off balance. Using demonstrative evidence directly in front of the jury, this eyewitness demonstrated on Mitch, the manager's push on Mr. D., exactly as he remembered it, knocking Mitch off balance and back a step. An all woman jury in Royal Oak found Mr. D. not guilty. Mr. D. was able to avoid jail, probation, fines and court costs.