LYNN — A Lynn District Court judge released a city man who police and a prosecutor said admitted to pushing a 66-year-old woman while redeeming recyclable bottles. But the man’s attorney questioned the alleged admission, noting his client communicates via sign language.
“I don’t understand the police report saying he acknowledged pushing the woman because he is unable to communicate without the service of a translator,” defense attorney Kevin Prendergast said in Lynn District Court Monday. “He denies the allegations.”
son, 56, of 108 Franklin St., was arrested and charged with assault and battery on a person over 60 and assault and battery with a dangerous weapon, bottles, at 4:31 p.m. Sunday.
As the court clerk read the charges, Johnson used sign language to ask through a court interpreter whether he would be able to retrieve his bicycle.
Police responded to Dymes Redemption Center on Washington Street Sunday afternoon where a witness told officers that Johnson “pushed an elderly woman to the ground and assaulted her with two plastic bottles,” Assistant District Attorney Andrew Boyd said, summarizing from a Lynn Police report.
Boyd said the witness told police the alleged victim observed Johnson remove bottles from a carriage and place them in his own carriage to redeem.
“(The alleged victim) then went over to A. Johnson’s carriage and retrieved the bottles he took,” Lynn Police Officer Shawn Hogan wrote in the report. “A. Johnson became enraged and pushed (the alleged victim) with two hands, to the floor. He then grabbed two bottles and repeatedly struck her about the head.”
Two witnesses stopped the alleged assault and the alleged victim declined hospital treatment, according to the report. The victim told police — both through a translator and with her own limited amount of English — the same account as the witnesses, according to the report.
Police said they informed Johnson they were arresting him for assault.
“He nodded his head that he understood and said that he just pushed her,” Hogan wrote. “He had said that earlier when we were interviewing the witnesses.”
Boyd requested Johnson be held on $1,000 cash bail due to the age of the alleged victim. Boyd acknowledged Johnson had only one entry on his board of probation record and it was from the 1980s, but Boyd noted the entry was for assault and battery.
He said he presumed the bottles with which Johnson allegedly assaulted the victim were empty, when questioned by Judge Albert Conlon.
Prendergast said Johnson worked around his home to provide rent, and collects bottles and cans to get some income. He requested Johnson be released on personal recognizance.
Conlon ordered Johnson released and to stay away from the named victim. He said he didn’t see any problem with Johnson picking up his bicycle. He scheduled Johnson to return to court March 5.
Cyrus Moulton can be reached at [email protected].
