ATTLEBORO — A North Attleboro man was found innocent Monday of assaulting a pregnant woman during an argument over an iPhone 8 he purchased for her.
John Brophy, 43, of 54 Barrows St., Apt. 2, was arrested Jan. 14 after he called 911 following the argument at his apartment. The 19-year-old sister of his ex-girlfriend told police he grabbed her arm during the argument.
Brophy was acquitted after a jury-waived trial before Judge Edmond Mathers in Attleboro District Court.
His lawyer, Ted Koban of Attleboro, argued that medical reports submitted by the prosecution failed to prove the woman suffered any injuries. The woman, who was three or four months pregnant, was taken to Sturdy Memorial Hospital after she complained of arm and shoulder pain, according to court records.
Koban also argued his client was trying to retrieve the cellphone he purchased for the woman to use when the incident happened. He said the amount of force was justified under the legal claim of defense of property.
Brophy was accused of grabbing the woman’s arm during the argument after telling her to gather her belongings and leave, according to testimony.
Assistant District Attorney Kendall Poitier argued that Brophy became physical with the woman when he did not like the answers the woman told him about the state of their relationship.
The only witness was North Attleboro Officer Gary Maitland.
An indecent assault and battery charges was dismissed last month after the woman invoked her Fifth Amendment privilege, according to court records.
Brophy still faces a separate case of intimidation of a witness and violation of a harassment order stemming from comments he allegedly made about her and the case on Facebook last month.
Brophy has pleaded innocent and his lawyer in the that case, Richard Silva of Fall River, said he would file a motion to dismiss it. The case was continued to Sept. 24.