35 Terrifying Minutes

The Massachusetts Board of Bar Overseers recommends disbarment of an attorney for incidents of criminal conduct

On October 19, 2023, the respondent pleaded guilty in the Framingham District Court to a misdemeanor charge of Assault and Battery on Family/Household Member in violation of Mass. G.L. c. 265, § 13M(a) and two felonies of vandalizing property and assault and battery with a dangerous weapon in violation of Mass. G.L. c. 266, § 126A and c. 265, § 15A(b), respectively. Following his plea, the court sentenced the respondent to a term of incarceration of two and one half years in the Middlesex County House of Correction, with sixteen months to serve (less 120 days for time served) and two years of probation with conditions.

The criminal matter arose out of a violent altercation between the respondent and his then-girlfriend, Kelly McFalls. At the plea tender in Framingham District Court, the assistant district attorney informed the judge that, if the matter proceeded to trial, the government would have sought to prove the following facts:

Ms. McFalls had been dating the respondent for about four months when, on December 6, 2021, police officers reported to her home in response to a report of a domestic disturbance. The couple did not live together, but the respondent stayed at her home on occasion. As described by Ms. McFalls, the altercation started at about 6:00 AM that day, when McFalls awoke and noticed the respondent moving some of his belongings out of the house. They had a brief verbal exchange, and McFalls suspected that the respondent was drunk. She went into her bedroom, where the respondent followed her. The respondent struck McFalls across her face with an open hand, which caused her to fall over a nightstand and hit her head on the nightstand. The respondent then kicked her approximately three times in her ribs wearing shoes on his feet. McFalls crawled out of her bedroom. When she stood up, the respondent struck her again in the face with an open hand, causing her to fall onto a dining room chair, which broke, causing her nose to bleed. She then moved to the top of a set of stairs that led to her front door. She slid down the stairs on her backside, because she was afraid if she walked down the stairs, the respondent would push her and cause another fall. Once she reached the bottom of the stairs, the respondent put his hand around her throat and held her against the front door. The respondent then left the home in his car, driving across the front lawn and striking a trash barrel. The attack lasted about 35 “terrifying” minutes.

In addition to the physical assaults on McFalls, the respondent damaged several articles of personal property, including a shadow box, a window air conditioner, the bedroom door, and a laptop.

At the plea

When asked his education level, the respondent told the judge, “postgraduate.” He did not inform the judge that he was an attorney.

The victim testified concerning the impact of the crime on her

Ms. McFalls’ life has been irrevocably damaged. She has PTSD and a traumatic brain injury. Due to brain bleeds caused by the beating, she lost her ability to speak (although that is starting to return). She required brain surgery to reduce the pressure caused by the brain bleeds. Surgeons performed a craniotomy, in which part of Ms. McFalls’ skull was removed in order to drain most of the blood and holes were drilled into her head to reduce pressure. For the surgery, her head had to be completely shaved and surgical staples placed across the wound.

Further

The matter involving Ms. McFalls was not the respondent’s first criminal case. In the course of bar counsel’s investigation, it was learned that the respondent had admitted to sufficient facts in the Boston Municipal Court to two counts of assault and battery in violation of Mass. G.L. c. 265, § 13A(a). The case was continued without a finding for one year, with probation conditions. The case arose out of an altercation at a bar, Tia’s on the Waterfront in Boston. On September 16, 2021, the respondent assaulted two employees of the bar as he was being removed for intoxication. He grabbed one victim by the throat and punched another in the face, while shouting expletives and homophobic slurs. The respondent did not report his admission to sufficient facts to bar counsel as required by S.J.C. Rule 4:01, § 12(8).

On December 15, 2023, after he pled guilty in Framingham District Court, the respondent was temporarily suspended from the practice of law. The court remanded the matter to the board. Although initially represented by counsel in the bar discipline matter, the respondent’s lawyer withdrew before an answer to the petition for discipline was filed. The respondent did not file an answer, and a default entered.

Sanction recommendation

In Mancuso, we recommended an indefinite suspension for a lawyer who fired a gun in the direction of his girlfriend. This matter is even more serious due to its violence, duration, and resulting injuries. Accordingly, we recommend that the Supreme Judicial Court disbar the respondent retroactive to the date of his temporary suspension.

(Mike Frisch)