Lynn man charged with assault, strangulation found to be a danger

LYNN – A judge found a city man to be a danger and ordered the defendant held pending trial on charges he whipped and strangled a woman. The alleged victim, however, refused to testify in court Thursday.Virgilio Lopez-Deleon, 24, of 70 Rockaway St. #1, pleaded not guilty last week to assault and battery on a family/household member; assault and battery with a dangerous weapon; strangulation or suffocation; and witness intimidation.The alleged victim went to Lynn Police last weekend and reported Lopez-Deleon had come home from drinking and, after arguing with her, whipped her with a leather belt and then strangled her, police said. Lopez-Deleon then allegedly grabbed the woman’s phone and threw it when he thought she was going to call police.The alleged victim said she had gone to work the next day and then to the hospital and to police at her family’s urging.Lopez-Deleon was held without bail pending a dangerousness hearing.The hearing began Thursday with the alleged victim telling the court that she could not testify without incriminating herself.Lynn Police Officer James Daley, however, testified how he met the alleged victim, took her statement as she described the alleged incident, and noted and photographed injuries to the alleged victim’s legs. He also noted a slight red mark on the alleged victim’s neck but said it was too light to appear in pictures. The alleged victim had medical documents showing bruising and muscle strain from the alleged incident, however, Daley noted.The alleged victim also submitted an affidavit for a restraining order where she detailed the alleged incident, Essex Assistant District Attorney Erin Bellavia said.She requested that Lopez-Deleon be found a danger and that he be held pending trial.”He strangled her so hard and so long that she said she couldn’t breathe and she felt she was going to die,” Bellavia said. “Officer Daley, two days later, could still see some redness to her neck. She also had significant bruising to her thighs, which you can see in the photos.”Defense Attorney Stephen O’Malley said that only the alleged victim – who had refused to testify – had said she was strangled …and only said that in her statement to police.”There is nothing in the medical report that says anything of strangulation. It never says where those injuries are,” O’Malley said. “There’s no mention in the affidavit of the restraining order of strangulation. That certainly would have been an important thing to have included.”He requested a small cash bail and conditions that Lopez-Deleon abide by the restraining order.Judge James LaMothe said the argument over whether the alleged strangulation occurred should not overshadow the evidence of the alleged whipping.”Everybody’s concerned of the strangulation, but I’m looking at pictures of injuries on her thighs and that’s a severe beating,” LaMothe said.He said he found Lopez-Deleon to be a danger and ordered the defendant held without bail pending trial.