<p>A jury of 10 women and two men deliberated for less than three hours Monday in the Edgartown courthouse before returning not guilty verdicts for Patrece L. Petersen and Darryl B. Baptiste. The case stemmed from a bar fight that took place outside the Ritz Cafe in March 2013.</p>
Two men facing charges including attempted murder and assault and battery were found not guilty on all counts Monday by a superior court jury.
A jury of 10 women and two men deliberated for less than three hours Monday in the Edgartown courthouse before returning not guilty verdicts for Patrece L. Petersen and Darryl B. Baptiste.
The case stemmed from a bar fight that took place outside the Ritz Cafe in Oak Bluffs in March 2013.
Mr. Baptiste, 36, of Pennsylvania, and Mr. Petersen, 42, of Edgartown, were indicted by a grand jury in the spring of 2013. Mr. Petersen faced charges of assault to murder, attempted murder, and assault and battery; Mr. Baptiste was charged with assault and battery with a dangerous weapon and assault and battery.
The case was heard before the Hon. Richard J. Chin, an associate justice of the superior court. The trial took an unusual turn last Friday when the judge halted the proceedings and said, with the jury out, that he had found misconduct by the prosecution. Judge Chin raised concerns about whether certain actions by the Cape and Islands assistant district attorney had been prejudicial toward the defendants, who are both African American, but he declined to dismiss the case.
During closing arguments Monday, the prosecution and the defense offered two different pictures of the events that unfolded.
Assistant district attorney Laura Marshard said that two brothers, one an Island resident and the other visiting on military leave, were at the Ritz when Mr. Baptiste bumped into one of the alleged victims, spilling his beer. According to the alleged victims, Mr. Baptiste threatened the man in the ensuing disagreement. Later, Mr. Petersen and Mr. Baptiste left and were not allowed back into the Ritz because of their behavior, Ms. Marshard said.
Ms. Marshard said the men were angry about not being allowed into the bar and an altercation ensued. She said there were four of five people attacking the alleged victims, and she said Mr. Petersen tried to strangle one of the alleged victims, while Mr. Baptiste allegedly used a knife to cut a victim in the neck and across his leather jacket.
“This is not a tear, this is a cut,” Ms. Marshard said, holding up a damaged leather jacket. “The coat that is across his back is cut 25 inches in length.”
She said Mr. Petersen yelled that he was going to kill one of the alleged victims numerous times. “That’s how you know he had the intent to kill,” she said, adding that photographs and medical records backed this up.
She said Mr. Petersen and Mr. Baptiste left the scene when the police arrived. “These men vanished before the Oak Bluffs police got there,” Ms. Marshard said.
The alleged victims testified early in the trial, as did police, an expert from the state medical lab, and witnesses. Mr. Baptiste took the stand last Thursday to testify in his own defense.
The defense described a different version of events.
Robert Moriarty, counsel for Mr. Petersen and John Amabile, representing Mr. Baptiste, said their clients had been at the Ritz along with friends that night, then left to go to a different establishment. Mr. Baptiste said he was in town to celebrate his birthday.
When the group tried to go back to the Ritz, the attorneys argued, they were not allowed in. They proceeded up Circuit avenue to where their car was parked, the attorneys said, when the alleged victims chased them and started the altercation. They argued that the defendants acted in self defense during the altercation and cooperated with police.
Mr. Moriarty told the jury they should not believe the testimony of the alleged victims because they contradicted each other, and said one of the men testified that he threw the first punch. “He should be sitting where Mr. Petersen and Mr. Baptiste are,” Mr. Moriarty said.
Mr. Amabile, said the government failed to prove Mr. Baptiste is guilty. “My client was attacked and defended himself and no more, and he committed no crime,” Mr. Amabile said.
Mr. Amabile also asked the jury to think about “the racial overlay of this whole thing.” Mr. Petersen and Mr. Baptiste are African American; the alleged victims are white. Mr. Amabile said the defendants took offense to not being allowed back into the bar. Additionally, he said, they did not think to call the police. “Some people, people in the black community, they don’t always think the best thing to do is call the police,” he said.
Ms. Marshard said there was “absolutely no evidence of racial discrimination.”
After the verdict was read, Mr. Petersen and Mr. Baptiste hugged their attorneys.
The trial was the last piece of business for the fall session of the Dukes County Superior Court.

Comments
I wonder what the make up was
Curious OBI wonder what the make up was of the Jury!!..??
10 women, 2 men...
Margaret WT10 women, 2 men...
Playing the race card, that's
Artie Lange Hoboken, NJPlaying the race card, that's original
Does it matter?
Furious OBDoes it matter?
As well as did the management
Sus western MAAs well as did the management of the Ritz testify about the altercation and why they were not allowed to return????
"Mr. Petersen faced charges
William T. Langley Charlestown, RI."Mr. Petersen faced charges of assault to murder, attempted murder, and assault and battery; Mr. Baptiste was charged with assault and battery with a dangerous weapon and assault and battery." With a neck wound and a 25 inch slash in a jacket as physical evidence- they were declared not guilty. Some justice apparatus you got there on the Rock. OJ would be proud.
Mr. Langley was obviously not
common senseMr. Langley was obviously not in the court room to hear both sides of this case. A jury (that wasn't even of his peers) found him not guilty...says a alot. Ignorance is still bliss.
Evidently Mr.(Mrs? Ms.? Miss?
William T. Langley Charlestown, RIEvidently Mr.(Mrs? Ms.? Miss?) Sense was not there either- since there were actually two defendants, not one as implied in his/her post. The jury was of their peers, by definition. As we learned with OJ, never let hard evidence get in the way of deftly crafted oration.
I guess its common practice
BG EdgI guess its common practice to carry a knife when you go bar hopping in OB.
Obviously local folks know
jim a BronxObviously local folks know more about the attitudes of Ritz management and clientel than the arficle reveals. Read between the lines and in the margins
Thank you, Common Sense! You
Not GuiltyThank you, Common Sense! You are right, Mr Langley wasn't in court. It is true the government didn't provide a strong case to prove them guilty. The paper made it sound like Baptiste was trying to cut the victim with a knife. There was nothing to prove it. No one on both side was innocent but no one on both was quilty enough to go to jail.
There were 12 intelligent
common senseThere were 12 intelligent individuals sitting on the jury, heard arguments from both sides, and came back with a not guilty verdict for both men. People are quick to judge and make assumptions without knowing facts. And still, ignorance is bliss.
I know at least one of these
are you kidding me? Martha's VineyardI know at least one of these gentlemen is chronically in trouble and has been beating the "ish" out of unsuspecting OB victims (or attempting to) for years. High time he face some real consequences not the typical Dukes County Jail revolving door set up! Complete justice system failure. SMH...
I wonder where on the Rock
William T. Langley Charlestown, RII wonder where on the Rock the first enraged verdict riot/looting will occur?
I read here that the 'victims
PowerToThePeeps MVI read here that the 'victims' started an argument over having their beer bumped at the Ritz, got thrown out, then chased the retreating beer bumpers up the block and threw a punch. Why were they not charged as well? The defendants' crime appears to possibly be excessive force in defending themselves from people who chased them to their car and attacked them. So from the little bit we read here, it seems reasonable that a jury might be unsure about guilty verdict. That for some commenters, "black guy with knife acquitted" makes a bar fight comparable to a celebrity's ex-wife's murder in her home, is not worthy of further comment.
ADA Marshard has my 100%
Paul Cape CodADA Marshard has my 100% support. Another liberal Massachusetts judge getting it all wrong.
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