John Peck
John Peck
incident lacks office resources since
The incident is of a de minimis nature; and since the resources of this office are limited, I will not expend the resources upon a prosecution that lacks merit,
delivered despite medical none office requests
Despite requests for photographs and medical records, none were delivered to this office,
alarm avoid backing beyond clear continued doubt evidence intent reasonable second truck
It is not clear from the evidence that Mr. Berarducci was doing anything more than backing up his truck to avoid a continued confrontation with Mr. Kimberly, which, it should be noted, Mr. Kimberly had initiated and in which he persisted by approaching Mr. Berarducci's truck a second time, ... There is not evidence beyond a reasonable doubt that it was Mr. Berarducci's intent to harass, annoy, or alarm Mr. Kimberly.
adequate available civil injury losses personal remedy suffered
If there were losses suffered by Mr. Kimberly, an adequate civil remedy is available to Mr. Kimberly for any personal injury or pecuniary loss,
decline matter police review statements
After an investigation and review of the witnesses' statements and police reports, I decline prosecution of the matter ... ,