NORTHAMPTON — A homeless man was acting in self-defense when he allegedly stabbed another man, his attorney argued Thursday.
Joshua M. Fidalgo, 25, pleaded not guilty in Northampton District Court Thursday to a charge of assault and battery with a dangerous weapon.
Police were called to a homeless camp off the end of Texas Road around 2:30 a.m. Wednesday for a report of a disturbance. Police found the alleged victim, identified as Jesse Grant, on the bike path near the skate park on West Street.
Grant was taken to Cooley Dickinson Hospital, where he was interviewed by a detective. Police said Grant suffered “several cuts in various width, depth, and length” throughout his body, most notably deep cuts on the back of his neck area and the side of his face, according to a report from Northampton Police Detective Brendan McKinney.
‘The cut on the back of his neck area had been stapled in order to prevent further bleeding,” McKinney wrote.
Grant told police he and a man he called Jordan, later determined to be Fidalgo, had a previous disagreement, and he had gone to the campsite on Texas Road to speak with Fidalgo and another man, Tyler Julius. When he got to the campsite along the Mill River, Grant told police, he almost immediately got into a verbal altercation with Fidalgo, who then punched him, McKinney wrote.
It wasn’t until the fight was over that Grant said he noticed he was bleeding and had a cut on his face.
Grant told police that he did not notice he had been stabbed, but he must have been because he was bleeding profusely and noticed cuts consistent with slice or stab wounds immediately after walking outside the tent, McKinney wrote.
Grant was carrying a knife when police found him, but said he never used it in the altercation, according to McKinney’s report.
Julius, the owner of the tent, and his wife, Elizabeth Shaw, told police Grant had threatened violence prior to coming down to the campsite. Shaw told officers Grant threatened to shoot everyone, while Julius told officers Grant came “specifically looking for a fight” and that he had tried to stop it.
Neither saw the incident, nor were they inside the tent when it happened, but both heard it. A third person, Jodee Joyce, told police she was in the tent, although it was very dark inside and she could not see exactly what happened, McKinney wrote.
Joyce said she was struck in the face by Grant. She told police before the physcial altercation started, Grant came to the campsite and aggressively began calling out to Fidalgo, who did not want to leave the tent.
When questioned by police, Fidalgo told officers that when Grant arrived he did not want to go outside and fight and that Grant entered the tent and struck him in the face, McKinney wrote.
“Fidalgo stated that he continued to tell Grant to leave and he had been told by Julius that Grant had a knife,” McKinney wrote. “Fidalgo stated that he felt threatened for Joyce’s life and his.”
In court Thursday, Fidalgo’s attorney Alfred Chamberland referred to the incident as “essentially a home invasion,” because Grant was armed and was threatening, he said.
“The alleged victim came to the campsite specifically looking for a fight,” Chamberland said.
Referencing the “castle defense,” Chamberland told the judge that every man’s home is their castle and “in this case it’s a tent.”
The castle rule, deriving from Massachusetts General Law, Chapter 278, Section 8(a), says the lawful inhabitant of a dwelling “is not required to retreat from or use other means to avoid combat with an unlawful intruder,” as long as there is reason to believe the intruder is about to grievously injure or kill a lawful occupant of the dwelling, and reasonable force is used.
Assistant Northwestern District Attorney Marie Angers asked the judge to impose $2,500 cash bail, arguing that Fidalgo has a history and previous convictions for “assaultive behavior.” Angers also said that whenever Fidalgo has been placed on probation, he has violated his conditions.
Judge W. Michael Goggins ordered him held on $1,000 bail. Fidalgo’s next appearance is scheduled for Jan. 11.
Emily Cutts can be reached at ecutts@gazettenet.com.