Charges vs. Swampscott man dropped

LYNN – Prosecutors have dropped assault charges against a Swampscott man who broke the jaw of another man who he allegedly caught breaking into his truck.”They did the right thing, in my opinion,” said Richard Chambers Jr., of Lynnfield, who represents Anthony McKay. “They did their due diligence ? what they said is that they are able to prosecute some cases and not others, and this is one of those that they are not going to prosecute.”Chambers said McKay was “relieved, happy, all those things.””It’s a victory for self-defense in the commonwealth,” Chambers said.Swampscott Police responded on Oct. 15 to reports that McKay had confronted a man who was allegedly breaking into his truck, according to documents filed in Lynn District Court.Police found McKay holding the alleged thief to the ground, and McKay admitted punching the man in self-defense, breaking his jaw.Swampscott Police arrested the alleged thief, Christian Johnson, 31, of 162 Union St., Lynn, and charged him with carrying a dangerous weapon, disorderly conduct, attempt to commit a crime, possession of a knife over 2? inches and a subsequent offense of possession of a Class A substance. Johnson was ordered held without bail on Oct. 20 due to drug dependency and previous charges.They also issued a summons for McKay.”I was just defending my property and home,” McKay told The Daily Item in October. “I’m not going to be scared away by these little punks. This is where I live and I’ve lived here my entire life ? I guess everybody else closes those doors and doesn’t want to confront people, but I’m not going to put up with this. I’ve got children here.”McKay’s brother, Ken McKay Jr., said he planned to organize a protest outside Lynn District Court on Jan. 24, the scheduled date of Anthony McKay’s pre-trial hearing. But Lynn Police ordered him not to, citing Massachusetts General Law Chapter 268 Section 13A. The law prohibits picketing “in or near a building housing a court of the commonwealth.”Radio host and Boston newspaper columnist Michael Graham spoke and wrote of the McKays’ story – which was first reported by The Daily Item – and said he would join the protest, daring police to arrest the protestors.He said he was “thrilled” when he heard the news the charges had been dropped.He said the case was “outrageous.” He urged a candidate to challenge Essex County District Attorney Jonathan W. Blodgett if he seeks re-election.But he attributed listeners’ interest in the story to what he said was frustration with an “agenda.””We’re supposed to sit, do what we’re told, and if a person is stealing your livelihood ? watch,” Graham said. “I think it’s all part of the agenda – let your family suffer, don’t defend your family. When seconds count, help is minutes away.”A spokesperson for the Essex District Attorney’s office said the decision to drop the charges does not mean they believe police made a mistake in charging McKay.”It was not meant to Monday morning quarterback,” District Attorney spokesperson Carrie Kimball Monahan said Wednesday.Rather, the decision was based on the office’s own investigation into the incident.Neither Anthony nor Ken McKay could be reached for comment on Wednesday and their attorney said they were at a job site out of state.Cyrus Moulton can be reached at [email protected].