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Court: Man bit off more than he could chew, specifically, the tip of his business partner's nose

The Massachusetts Appeals Court yesterday upheld a Swampscott man's conviction for a 2012 attack in Revere that left his former business partner with part of his nose missing.

The court ruled that Kenneth Michaud, 44, got a fair trial and he just needs to deal with the 3-to-5-year prison sentence he got after a jury convicted him of assault and battery causing serious personal injury and mayhem.

The attack came after Michaud and his partner in a failed auto-sales concern met in a Revere restaurant in 2012 to talk about dissolving the company. After the three-hour meeting, the two walked outside. And then, the court ruling says:

The defendant approached the victim aggressively, punched him in the face, and chased him down an alley. The defendant caught the victim, took him to the ground, and struck him repeatedly with his hands. As he did so, the defendant yelled, "You're going to sue me? I'm going to show you who I am. I am a member of Hell's Angels." The defendant then bit off the end of the victim's nose. After struggling for approximately five minutes, the victim escaped and ran back into the restaurant.

Michaud was convicted on the assault-and-battery charge for the punching and on the mayhem charge for the nose-biting. The court ruled Suffolk County prosecutors successfully made the case that Michaud had the "malicious intent to maim or disfigure" required for a mayhem conviction.

The court also ruled that the two convictions did not duplicate each other, because the punching was distinct from the nose-tearing:

As the jury was instructed, the charge of aggravated assault and battery was based on the defendant repeatedly punching the victim in the face. The conduct underlying the charge of mayhem was biting the victim's nose. These two acts were factually distinct.

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