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This article was published 12 year(s) and 8 month(s) ago

Assault to murder charge dropped against Lynn man

daily_staff

January 9, 2013 by daily_staff

LYNN — The Commonwealth dropped an assault to murder charge but will pursue a charge of assault and battery with a dangerous weapon against a city man who police say stabbed a friend in the neck with a large knife.

Shawn J. Doherty, 35, of 75 Edgemere Road, was arrested and charged with assault to murder and assault and battery with a dangerous weapon Sept. 15.

Police responded to a Clarendon Avenue apartment in the early morning of Sept. 15 and found the victim walking down the front steps of the building with a knife sticking out of his neck, according to a report by Lynn Police Officer Peter Alexander. The victim identified Doherty as the suspect and police arrested Doherty after finding him covered in blood and walking down a nearby street.

The victim told police Doherty came over Feb. 14 and the victim fell asleep after telling Doherty to leave, police and prosecutors said. The victim told police he awoke and found Doherty on top of him, stabbing him in the neck, according to the report. The victim told police he had recently received $10,000 for an insurance claim and Doherty had previously asked the victim for a loan.

Police said Doherty claimed self-defense and said the incident began with an attempted home invasion Sept. 13, according to police.

Doherty told police he had gone to the victim’s apartment that day to buy marijuana when two armed and masked males “jumped him” and used him to force their way into the apartment, Lynn Police Lt. Thomas Reddy reported.

Reddy reported Doherty told police the two alleged assailants fled after a brief fight, and the stabbing victim, Doherty and others gathered and decided the alleged assailants were after drugs and money. Doherty told police the stabbing victim was suspicious Doherty was involved in the alleged home invasion despite Doherty’s assurances. But Doherty told police he took a knife when he was invited back to the apartment the night of the stabbing.

Doherty told police he and the stabbing victim began discussing whether Doherty was involved in the alleged home invasion again that night and the victim came at him with a knife.

“He stated (the victim) faced off across from him and stated ‘Do you want to see how it is to be attacked,’” Reddy reported. “Doherty claims (the victim) then started to advance on him ”¦ When (the victim) advanced on him he removed the knife and started striking out with it.”

Doherty told police he didn’t really remember the details of the fight but he was sure he stabbed the victim, police said.

Police recovered a Whole Foods bag with individually wrapped bags containing a herb substance from the apartment, according to court documents.

A prosecutor cited keeping the matter “within jurisdiction of the Lynn District Court” on court documents.

Doherty’s attorney declined to comment Tuesday afternoon. Calls to Doherty were not returned.

Doherty is scheduled to return to court Feb. 21, according to court documents.

Cyrus Moulton can be reached at [email protected].

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