SALEM – A Lynn man has been cleared of a manslaughter involving the fatal beating of a man in a Green Street apartment two years ago, but was found guilty of battery.Joseph Fleury, 44, formerly of 124 Green St., Apt. 406, went on trial last week on a manslaughter charge in connection with the beating death of James Anderson, 49, of Lynn, on June 28, 2006.A Superior Court jury deliberated for about eight hours over a two-day span before reaching their decision, finding Fleury guilty of a lesser offense of battery.Judge David A. Lowy postponed sentencing until Tuesday morning.Fleury has been in custody on no bail status after his bail was revoked a year ago.He faces up to 30 months in jail on the conviction of battery.Assistant District Attorney James P. Gubitose maintained that Fleury beat Anderson during an altercation with his hands and feet in such a way that he caused Anderson’s death.Fleury told the jury that on the day of the incident he had borrowed Anderson’s car, but when it ran out of gas, he walked back to his apartment, abandoning the vehicle. When he told Anderson, who lived in the apartment downstairs from Fleury, what happened, Anderson slammed the door on his hand.Fleury kicked at Anderson’s apartment door several times and then began to leave when Anderson came out of his apartment and attacked Fleury around the waist in the hallway on the second floor at about 7:30 p.m.He said they struggled, fist fighting it out, then he left and went to his own apartment upstairs and Anderson went inside his own apartment.He told the jury that Anderson was his friend, and that he had punched him in defense.Fleury denied kicking or stomping on him during the attack.Fleury’s boots that he apparently was wearing at the time of the fight tested positive for blood, but the DNA was only his own blood on the boots.When police arrived they found Anderson half way between his apartment and the hallway. He told authorities that “Joe” who lived upstairs had kicked him in the stomach and face. Blood was spattered on the walls.Anderson sustained four fractured ribs and a lacerated spleen as a result of the attack. At the time of the incident, Anderson was suffering from advanced cirrhosis of the liver and an enlarged spleen, the medical examiner testified.
