The attorney representing a Danvers Selectman facing an assault charge says his next move will be to ask a judge to dismiss the charges.
Keith Lucy, a member of the Danvers Board of Selectmen, is facing a charge of assault after an alleged altercation in Danvers Town Hall on primary election night on Sept. 6.
The alleged victim, John Fratus of Appleton Street, sought the charge himself and it was not handled by police. He went to court and after a magistrate's hearing it was found there was probable cause to go forward.
Fratus said he was in Town Hall looking at results on election night when Lucy allegedly stepped in front of his wife, Frances, and resident Julie Curtis.
“He was red in the face and looked angry,” Fratus wrote in a statement of facts that was submitted to the magistrate.
As Lucy allegedly yelled at Frances Fratus, John Fratus said he stepped in front of Lucy to stop him from yelling at his wife.
Later, Lucy allegedly “swung his open hand within an inch of my face,” John Fratus wrote.
Lucy pleaded not guilty after his arraignment in November. The assault charge is a misdemeanor that carries a punishment of up to 2-1/2 years in jail or a fine up to $1,000.
Lucy had a pre-trial hearing in Salem District Court last Friday. Fratus was initially represented by Peabody attorney John Slattery but after probable cause was found, the case is now being handled by the Essex County District Attorney's office. The District Attorney's spokeswoman, Carrie-Kimball Monahan, said Lucy is scheduled to return to court on March 1 for a motion to dismiss hearing.
Lucy's attorney, Michael Smerczynski of Peabody, said on Tuesday the exact basis for the request for the dismissal has not be submitted to the court.
"I have not yet prepared the motions," Smerczynski said.
He said he would also file a motion to remand, meaning he would ask a district court judge to remand it to another clerk for a new magistrate’s hearing.