SALEM – A Lynn father accused of beating his 10-week-old infant son was indicted Wednesday afternoon by an Essex County grand jury.James M. Frary, 41, of 100 Willow St., is charged with assault and battery on a child resulting in bodily injury.According to reports, it was about 8 p.m. on June 15 when police responded to St. Stephen’s Church at 71 South Common St. on a report of a man beating a child in a vehicle.When police arrived they spoke to Frary, who was sitting inside a Honda Odyssey van holding his son and insisted when questioned that he would “not hit” his child.A witness, who had called police told authorities she had looked out of the church window and saw a man strike the child three times with his hand.At the time of the incident, the infant’s mother had been inside the church.The Department of Children and Family investigators became involved and noticed injuries on the infant’s upper right arm, so they took custody and had the boy examined at North Shore Children’s Hospital. The examination revealed fractured ribs.The mother told DCF that Frary had been living with her for the past two weeks at her home at 292 Curwin Circle and that previously he was in a pre-release program and would stop by to see her, his son and her three other children from a previous relationship.On the night of the incident, the mother said the baby had been fussy at the meeting at the church, so Frary took the baby outside.She later was called outside when police arrived.Frary was arrested the following day at the Lynn Shelter at 100 Willow St., where he apparently had been staying occasionally. He denied committing any physical abuse to his son, but could not give an explanation for his injuries.Assistant District Attorney Jessica P. Strasnick is assigned to prosecute the case.Also indicted was: Joel Dilone, 22, of 15 Franklin St., Lynn, charged with trafficking over 14 grams of opium stemming from his arrest in Salem on Oct. 13 when police arrested him on a warrant and reportedly discovered 72 tablets of OxyCodone on his person.Jose Villafane, 32, of Lincoln, R.I., and Jan Velasquez, 30, of Providence, R.I., are charged with trafficking over 200 grams of cocaine in Lynn. The pair were nabbed July 15 after allegedly picking up a parcel post package from a cooperating witness at a home on Superior Street. Both suspects, along with a third individual, arrived in a tan Lincoln Navigator at 2:30 p.m. to pick up the package. Police moved in and arrested the two men without incident. The package reportedly contained one pound of cocaine which had been initially shipped from Puerto Rico. Indictments are a legal process that allows a case to be transferred from District Court to Superior Court, allowing for a more severe punishment. The indictments are not an indication of guilt.
