LYNNÂ —Â A judge ordered $1,000 cash bail and that a local homeless man be held without bail on prior charges after police say the man slammed a bike shop employee’s head through a plate glass window.
Another employee told police the alleged assault occurred because the defendant had insisted his bike be fixed for free because he had been in jail, according to court documents.
“A witness stated she heard a crash to look up and see the defendant holding onto the victim with the victim’s head through the window,” Assistant District Attorney Mark Byron said Thursday in Lynn District Court. “Given the last three months and how busy (the defendant’s) been criminally, the Commonwealth believes he poses a danger to the community.”
Darby L. Driscoll, 46, homeless in Lynn, was arrested and charged with assault and battery with a dangerous weapon; and malicious destruction of property +$250; at 11:33 a.m. Wednesday.
A plea of not guilty was entered on Driscoll’s behalf at his arraignment Thursday in Lynn District Court.
Police responded to Mr. Specs on Chestnut Street at 11 a.m. Wednesday and found the alleged victim with a nose bleed and seeming dazed, Lynn Police Officer Kenneth Estes reported. He also reported noting two broken plate-glass windows at the business.
Several witnesses told police they saw Driscoll push the alleged victim into the window, causing it to break, and then both men punching each other, according to police. Witnesses also told police a woman with Driscoll was “egging him on,” according to the report.
An employee at the bike shop next door to Mr. Specs told police Driscoll came into the store belligerent and acting as if “on something, drunk or something,” according to court documents. The employee said Driscoll said there was a problem with his bike, police reported.
“(The employee) said Driscoll told him that they had done repair work on his bike in October and he just got out of jail and expected the work to be done for free,” police reported.
The employee said he told Driscoll he would check with his boss and asked Driscoll to wait outside until the store opened a half-hour later.
The alleged victim, another employee, then arrived and allowed Driscoll inside the store, according to police.
The alleged victim told police Driscoll began arguing and refused to reason, so he brought the bike outside hoping Driscoll would take the bike and leave.
Driscoll then allegedly attacked the victim, throwing punches and throwing the alleged victim into the plate-glass window.
Byron requested $5,000 cash bail for the new charges. He also requested the court revoke bail in two open cases against Driscoll — one for assault and battery with a dangerous weapon and the second for witness intimidation. Byron said both involved the same victim; whom Driscoll allegedly beat and then allegedly tried to convince to testify a certain way.
Defense Attorney Kevin Prendergast requested his client be released on personal recognizance and that bail not be revoked, saying Driscoll denied the allegations.
Judge Ellen Flatley ordered $1,000 cash bail. She also revoked Driscoll’s bail in the open cases, ordering him held without bail for up to 60 days.
Driscoll is scheduled to return to court Aug. 27.
A woman attending court with Driscoll denied any knowledge of the event.