WESTFIELD – A city man was released from Westfield District Court on his personal recognizance after his arraignment on an assault and battery charge and was ordered to remain alcohol free.
Before the day was out, he was found to have violated the conditions of his release and he was held without right to bail.
Officer Richard Mazza reports that he was dispatched to a King Avenue address at 6:38 p.m. Wednesday after a caller reported that her mother’s boyfriend had struck her mother.
Within minutes, a second caller reported being involved in a domestic disturbance, with his “partner.”
Mazza reports that he was allowed entry to the residence by a woman who said that her boyfriend had been drinking and have become “physical.”
Mazza saw that the living room of the home was in disarray with furnishings strew about and on the floor.
The woman said that the male party was in the kitchen and, when he entered the room, it was apparent that a disturbance had occurred. He saw a microwave oven on the floor and a considerable amount of coffee had been spilled.
Mazza then spoke with the 17-year-old daughter of the female resident who said that she saw her mother’s boyfriend, Christopher C. Daigneault, 40, of 11 King Ave., attempt to throw a microwave oven at her mother but she was able to block the appliance which did not strike her.
The girl said that the man then attempted to pull her mother’s hair but she moved away and the man grabbed her shoulder.
Mazza reported, in an application for a criminal complaint, stated that “the defendant then attempted to punch the victim in the face, lost his balance and fell to the floor where the victim was able to hold him until police intervened.”
When Daigneault appeared in Westfield District Court before Judge Philip Contant for arraignment, Contant allowed his release on personal recognizance pending an April 25 hearing and enjoined him from making any threats or violence toward the victim or any Commonwealth witnesses.
Contant also ordered that Daigneault remain alcohol free and be subject to random testing.
However, a probation officer reported a short time later that he had learned that when Daigneault left court he returned home and started drinking.
The probation officer went to the residence where Daigneault admitted he had been drinking.
He told the officer that he had one beer left and was going to drink it before he returned to court but complied when the officer instructed him to pour it out.
Daigneault was tested and his blood alcohol level was found to be .029.
In court, Contant found that Daigneault had violated the terms of his release and ordered that he be held without right to bail pending the April hearing.
Because there were two young children in the household during the incident, the Department of Children and Families was notified.
