By ANDREW MARTIN

After two court sessions and eye witness testimony, Fourth District Court Associate Judge William C. Clifton found acting Charlestown Town Council President James M. Mageau guilty of assault and battery on resident Clifford L. Vanover.

The case stems back to the night of July 14, when Mageau and Vanover had their scuffle at town hall. Per the video provided by Vanover, Mageau can be seen coming into the camera’s view as he says, “Get that thing out of my face.” Then, the camera loses focus and Vanover repeats, “That’s an assault!”

Clifton said he reviewed that video as well as the testimonies given on Sept. 18, the first day of the trial, and found it was proved beyond a shadow of a doubt that Mageau was guilty as charged. He also called the councilor’s argument that he was acting out of self-defense and fear “illogical.”

“I was trying to understand why someone with a camera poses an imminent threat,” Clifton said. “That’s nonsense.”

Mageau said that when he was afraid, he meant it was based on a litany of past occurrences, not just what was going on that night. He reiterated that he did not know who was behind the camera and that he had no room to get to the exit.

But Clifton said he had heard all of that already and made his judgement. “You didn’t appear to be alarmed or afraid,” he told Mageau.

The case was then filed for one year on the condition that Mageau stay out of trouble and pay court costs. He was also ordered to attend anger management counseling, as Mageau seemed like a “volatile, angry” person, according to the judge. 

Clifton suggested that Mageau make restitution for any damage to Vanover’s camera. A no-contact order was also put into effect between Mageau and Vanover.

After the verdict was handed down, Mageau and his attorney, Richard C. Corley, immediately filed for an appeal to Washington County Superior Court. 

And just as Corley and Mageau were confident before this trial, the attorney predicated victory. “I expect that [Mageau] will be vindicated in the courts and at the polling stations in town,” Corley said, also referring to the fact that Mageau is running for reelection this November.

A jury of 12 will hear the case, which currently has no date, and the proceedings will “start from scratch,” Corley said. He continued to say that he has a legal disagreement with Clifton’s interpretation of assault and battery, which the attorney addressed in his closing argument.

As for Mageau’s response to the outcome, he said he does not think he needs anger management. He called his reaction that night an “emotion response.” He added that other people have told him that they would have reacted the same way.

Mageau’s fellow councilors – Harriet A. Allen, Katharine H. Waterman, and Bruce W. Picard – were all in attendance. Waterman and Picard declined to comment on the verdict. 

Allen, however, remarked that it was the “same ol’, same ol’.” She added: “Like I said before, he is a violent man and it’s not appropriate to have him on the council.”

The lawyers’ closing arguments

Corley opened his closing argument by stating that his client had been charged with assault and battery. But, he said, there is no assault and battery in this case. “There was no bodily contact,” he added.

The attorney then discussed the relationship between Mageau and Vanover. “Clearly there is bad blood between [the two],” Corley said, adding that Vanover has a bias toward the councilor.

The issue of Mageau’s feelings of fear came up again as Corley referred to the history between his client and Vanover. “[Mr. Mageau] didn’t know if these people were stable,” Corley said.

Coventry Town Solicitor Patrick Sullivan, who represented the Charlestown police, saw Mageau’s reaction in a different light. “‘Get that camera out of my face.’ That doesn’t sound like a person who is afraid to me,” he said in reference to Vanover’s video.

According to Sullivan, Mageau needs to grow a thicker skin. “His contempt for people who disagree with him bleeds through his skin,” the solicitor added.

Regarding whether an assault actually took place, Sullivan said the court addressed that during the first day of proceedings – Corley had motioned for a directed verdict in Mageau’s favor, which Clifton denied.

Day one of the case

The first day of the court proceedings, Thursday, Sept. 18, consisted of testimonies from Vanover, The Westerly Sun reporter Christopher Keegan, Charlestown Sgt. Jamie Quattromani, and Mageau. Also, videos were shown of the July 14 incident and one taken after the June 4 meeting.

Of all the witnesses, Vanover’s time on the stand was the longest and most confrontational, particularly when Corley showed the June 4 video. As the video plays, Mageau is seen walking toward his car as Vanover films, catching the councilor’s interaction with residents. 

“It looks like you were following him to his car, unless I'm mistaken,” Corley said to Vanover. “Were you following him? Yes or no.”

Vanover then remained silent before answering, “It appears that way.”

Corley responded by saying that indeed it does look that way. But he just wanted a yes or a no.

Eventually, Vanover said yes, admitting that he did follow Mageau.

Also during the video, Vanover refers to Town Administrator Edward Barrett as a goon. Corley repeatedly asked Vanover why he would call Barrett such a name and if it had to do with Barrett’s letter to PBS that resulted in former cameraman Daniel Davidson’s termination.

But Vanover said that was not the case. He explained his feelings for Barrett had to do with when he first filmed a meeting in 2007, when former Town Solicitor Peter Ruggiero was being relieved of his duties. That night, Vanover said that Barrett threatened to have him arrested, though Ruggiero said there was no cause.

Sullivan’s examination of Vanover focused on the logistics of the night of the incident. And after discussing how Vanover got to where the assault occurred, he testified that he saw Mageau quickly approaching from around the corner. “I didn’t see [the strike] coming,” Vanover said.

Keegan's time on the bench was brief but poignant. While under Sullivan’s examination, Keegan explained that he saw Mageau moving quickly toward. Then, He heard a sound as Mageau struck the camera, which Keegan said was an “unprovoked, quick, and violent action.”

Up next was Sgt. Quattromani. The officer said he responded to the scene on July 14 when a disturbance was reported as Mageau and Davidson were talking in the town hall parking lot. 

Quattromani explained that he then went inside, where he was spoke with the town officials about whether the meeting should continue with Davidson there or not. Then, as he heard something from outside of the clerk’s office, the officer said he saw Mageau take a swipe at the camera.

At this point, Corley asked for a directed verdict in Mageau’s favor. The attorney explained that there might have been some harm to the camera, but his client was charged with assault not malicious damage to property. There was no physical assault, Corley said, so the charge is incorrect. “It’s crystal clear,” he said.

Sullivan responded by saying it was still an unlawful, person to person action. “He had no right to touch Vanover or the camera,” Sullivan said of Mageau. And Clifton agreed by denying Corley’s motion.

Corley then called Mageau to the stand. After discussing how the councilor knows Vanover, Mageau referred to the aforementioned council meetings.

Mageau talked of the night of the incident. He explained that he didn’t know who was behind the camera and was concerned for his and others’ safety. “I was concerned he would strike me in the face with the camera so I pushed it out of the way,” he said.

Mageau had earlier admitted he hit the camera during a video shown from WPRI, in which he tells the reporter he stood by his decision to defend himself.

Sullivan asked Mageau how striking a camera could help ensure his safety. “Because of the past, I felt I could be assaulted again,” he said. He added that he thought it could have been Davidson, who Mageau said has assaulted him before.

The session ended at 4:30 p.m., when Clifton announced that the proceedings would continue on Monday.