LOWELL-- A 48-year-old Billerica man was found not guilty of attacking his ex-wife's new boyfriend with a shovel after a jury last week found Howard Allgaier Jr. not guilty of assault and battery and threats charges.
After a three-day trial in Lowell District Court, Allgaier, of 52 Harjean Ave., was cleared last Wednesday of charges of assault and battery with a dangerous weapon (two counts), assault and battery, and threats to commit a crime, (two counts).
Defense attorney Stephen Barton argued this was a case of self defense.
Billerica police report that on Sept. 10, 2012, they were called to 31 Lake St., the home of Allgaier's son, Derek, for a fight in which a man was allegedly struck with a shovel. While enroute, police saw Sgt. William West at the corner of Lexington Road and Friendship Street speaking with a male and a female.
The male victim had a cut on his nose, his left eye was bruised and his left leg was bleeding, according to court documents. The male victim told police he was at his girlfriend's house at 31 Lake St. watching the Patriots football game when his girlfriend's ex-husband, Allgaier, charged at him and hit him with a shovel. The female victim told police Allgaier kicked her in the right ankle.
The male victim told police he and his girlfriend were at the Lake Street home of her son when Allgaier stormed in, swinging a shovel, yelling at the male victim to "get out of my son's house.
When questioned by police, none of the other people at the football party saw the shovel assault, noting they were outside. They did tell police Allgaier was at the home and there was a disturbance.
No shovel was found at the home.
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