Charges dropped for state trooper, former girlfriend
By Alexandra Perloe Sentinel And Enterprise
Charges against a state trooper and his former girlfriend were dropped Friday after they refused to testify in their respective cases, according to Assistant District Attorney J. Todd Mathieson.
Both Trooper Stephen Bigusiak, 31, and Dawn Marinelli, 27, invoked the Fifth Amendment and chose not to testify in Fitchburg District Court Friday, said Mathieson, the prosecutor for both cases.
The prosecutor and both defendants signed motions to dismiss the charges.
Bigusiak had been charged with assault and battery and threatening to commit a crime, court documents show. Marinelli had been charged with assault and battery and four counts of violating an "abuse prevention order," or restraining order, according to court records.
All the charges are dismissed because Bigusiak and Marinelli were the only witnesses to the alleged dispute, and without their testimony there is no case, Mathieson said.
Police reports stated that Westminster officers reported to Bigusiak's Westminster home on Sept. 10 after a call from Marinelli, who said Bigusiak had pushed her and threatened to shoot her.
Bigusiak, meanwhile, said Marinelli had pulled a chain off his neck and threw a cinderblock at her own car, threatening to tell police that he had done it, the police reports state.
A friend of Marinelli's then allegedly called Bigusiak multiple times the next day, which violated a restraining order between Marinelli and Bigusiak, according to police reports.
Marinelli declined to comment when contacted Monday.
Neither Bigusiak nor his lawyer could be reached.
October 12, 2006
Woman facing assault charge will hire lawyer
Sentinel & Enterprise
GARDNER -- A woman charged with assault and battery and violating a restraining order decided Wednesday to hire a lawyer instead of representing herself in court.
Westminster police arrested Dawn Marinelli, 27, and state trooper Stephen Bigusiak, 31, in early September after a dispute that allegedly occurred at Bigusiak's Westminster home.
Bigusiak told police he came home from a friend's house, and Marinelli started accusing him of cheating on her, according to police reports.
Bigusiak was charged with assault and battery and threatening to commit a crime (murder), according to court documents.
Marinelli was charged with assault and battery, and later charged with four counts of violating a restraining order, according to court documents.
Marinelli waived her right to an attorney at her Sept. 13 arraignment, but during Wednesday's Gardner District Court hearing, told Judge Patrick Fox she planned to hire a lawyer.
The pre-trial hearing for Marinelli and Bigusiak was continued to Oct. 20.Trooper, girlfriend arrested Sunday
WESTMINSTER -- Police arrested a state trooper and his girlfriend Sunday night after an argument spilled outside and they allegedly assaulted each other, according to police and court records.
Police arrested Trooper Stephen Bigusiak and his girlfriend, Dawn Marinelli, after investigating the incident at their Westminster home.
Bigusiak allegedly pushed Marinelli and threatened to shoot her, while Marinelli allegedly tore a necklace off Bigusiak and punched him in the face, according to police reports filed in Gardner District Court.
Marinelli repeatedly told police she doubted they would arrest her boyfriend, the reports show.
"You guys won't do anything to him, he's a trooper," Marinelli told an officer, according to the reports. "He said you guys can't touch him."
Police charged Bigusiak, 31, with assault and battery and threatening to commit a crime, and charged Marinelli, 27, with assault and battery, according to Westminster Police Lt. Michael McDonald.
Bigusiak has been placed on administrative leave, according to a State Police spokesperson Trooper Kara England.
He is assigned to the State Police Barracks in Concord.
Bigusiak told police he came home from a friend's house, and Marinelli started accusing him of cheating on her, according to court documents.
He found his cologne, a television set and several other items in the woods, according to the court documents.
Two Westminster police officers responded to the couple's Westminster home on Sunday around 8 p.m.
Both Bigusiak and Marinelli claimed they were the victim of the domestic incident, according to the court documents.
Marinell claimed Bigusiak pushed her, threatened to shoot her and threw a brick through the windshield of her car, according to the documents.
Marinelli told an officer that Bigusiak "makes fun of small-town cops all the time," according to the court documents.
She admitted she "grabbed him to get him to stop smashing my window," according to the documents.
Bigusiak had red marks and scratches on his neck, and his face was swollen from allegedly being punched by Marinelli, according to the documents.
The trooper said Marinelli threw a brick threw her own car windshield, so she could blame it on him, according to the documents.
"He said that she then grabbed a shovel and he ran for cover," according to the court documents. "Mr. Bigusiak stated that she then walked up to her own car and began hitting the windshield with the shovel."
Marinelli had begun moving out of the house when the incident occurred, the documents noted.
Bigusiak played several cell-phone messages for police in which Marinelli was "yelling and swearing, accusing him of cheating on her," according to the documents.
Besides Westminster police, a Fitchburg officer and a State Police trooper also responded to the scene.
Gardner District Court records show Marinelli was released on personal recognizance Monday, and is scheduled to appear in court for a pre-trial hearing on Oct. 2.
Court officials declined to release the trooper's court file.
Marinelli declined to comment when reached Monday.
Bigusiak could not be reached for comment.
J.J. Huggins contributed to this report.
September 13, 2006
State trooper faces assault charge
Regional
digest, Worcester Telegram
A state trooper is scheduled to be arraigned today in Gardner District Court
after his arrest in Westminster for allegedly fighting with his girlfriend.
Trooper Stephen Bigusiak, 31, and his girlfriend, Dawn M. Marinelli, 27, were
arrested Sunday at their home in Westminster. Ms. Marinelli claimed she was in
the process of moving out of the house, according to a police report, and court
records list her as a Fitchburg resident.
The two were allegedly fighting outside, and police were notified. According to
a police report, Trooper Bigusiak accused Ms. Marinelli of punching him in the
face and ripping a necklace off him; Ms. Marinelli accused Trooper Bigusiak of
threatening to shoot her, and claiming he was above the law.
“You guys won’t do anything to him, he gets away with whatever he wants, he said
you guys can’t touch him,” she told Westminster police, according to the report.
Ms. Marinelli was charged with domestic assault and battery, and arraigned
Monday in Gardner District Court. Trooper Bigusiak was charged with assault and
battery and threatening to commit a crime.
Trooper Bigusiak, assigned to the Concord barracks, has been placed on
administrative leave with pay, according to state police.
September 14, 2006
Trooper, girlfriend drop restraining orders
GARDNER -- A state trooper and his girlfriend on Wednesday dropped restraining orders against each other during an arraignment hearing in Gardner District Court, but a judge still ordered them to avoid contact.
"I feel they should stay away from each other," Assistant District Attorney Robert Pellegrini said during the hearing.
Westminster police arrested Stephen Bigusiak, 31, and Dawn Marinelli, 27, on Sunday after a dispute that allegedly occurred at Bigusiak's Westminster home. Bigusiak was charged with assault and battery and threatening to commit a crime (murder), according to court documents. Marinelli was charged with assault and battery, the documents state.
Bigusiak pleaded not guilty to both charges during his arraignment hearing Wednesday.
The decision to drop the restraining orders was mutual, Bigusiak's attorney, Blaine J. DeFreitas, of Maynard, said in an interview after the hearing.
Bigusiak allegedly pushed Marinelli and threatened to shoot her, while Marinelli allegedly punched Bigusiak and tore a necklace off his neck, according to a police report filed by Officer Ralph LeBlanc of the Westminster Police Department.
Marinelli had been arraigned Monday on the assault and battery charge, and was arraigned again Wednesday for four charges of violating a restraining order, according to court documents.
Bigusiak called LeBlanc Monday morning and told him he had received a phone call from a friend of Marinelli's, according to a report by LeBlanc. The friend allegedly told Bigusiak that Marinelli would "be willing to drop the charges and admit that she made things up" if Bigusiak also dropped the charges and the restraining order, according to LeBlanc's report.
The friend allegedly called Bigusiak two more times Monday to relay that Marinelli intended to drop the charges and the restraining order, the report states. The friend also allegedly asked Bigusiak if he "would be willing to go to couple counseling after things settle down," and if he would be willing to meet Marinelli on Wednesday after she dropped the restraining order, the report states.
Bigusiak told the friend that third-party contact violated the restraining order, and that he would not meet with Marinelli, the report states.
Marinelli said during Wednesday's hearing that she would hire her own lawyer.
Bigusiak and Marinelli are scheduled to appear at a pre-trial hearing on Oct. 11.
Judge Patrick Fox released both parties on personal recognizance Wednesday, with the condition that they have no contact.
Bigusiak declined to comment after the hearing Wednesday.
Marinelli could not be reached for comment Wednesday.