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Assault charges against Quincy police captain dismissed

Posted by Jessica Bartlett  July 18, 2013 03:32 PM

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Quincy Police Captain Michael Miller will be back to work on Friday, after charges of assaulting his pregnant wife were dismissed.

According to Plymouth Assistant District Attorney Bridget Norton Middleton, there was not enough evidence to move forward with the case, and the Commonwealth asked that it be dismissed during a pre-trial conference Thursday morning.

“The victim claimed her marital privilege and we did a Rule 17 summons to get the 911 tape and EMT records to see if there was any additional evidence beyond her testimony. [The judge] reviewed those this morning and without the victim’s testimony…there was insufficient evidence to go forward,” Middleton said.

Judge Brian Gilligan presided over the hearing at Plymouth District Court

Miller, a 50-year-old police officer and resident of Quincy, has been on paid administrative leave since July 8 after allegedly assaulting his estranged wife, who is nine months pregnant, at her Plymouth home.

Quincy Police Chief Paul Keenan said Miller went to pick up his daughter from his wife's home and a dispute ensued. Police were called to the scene.

Miller’s attorney, John McGlone, was not immediately available for comment Thursday, but previously said the details of the argument were exaggerated. The couple was arguing about finances when the wife went into another room. One of the two opened the door, hitting the woman in the stomach, McGlone said.

Miller was charged with aggravated assault. Though McGlone had hoped the case would be dismissed prior to arraignment, Miller was arraigned on July 15.

Keenan said that Miller "will be back on active duty as of 8 a.m. [Friday].. His firearm and firearms permit will be reissued and he will resume his full duty as Captain of Detectives.”

Keenan said he was not surprised by the judge’s decision, especially after personally reviewing the police report.

“From the way it was described in the report, there didn’t seem anything to go forward on. I didn’t anticipate he’d be found guilty of anything, and I fully figured they would dismiss the charges,” Keenan said.

He added, “I’ve never known Mike to be a violent person whatsoever. I’ve known him his entire career as a Quincy police officer, and I’ve never had any indication he would resort to violence under any circumstances.”

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