Commonwealth v. Zawatsky

Brian R. Zawatsky and Timothy J. Donovan were convicted in District Court by a jury of what current vernacular calls “gay bashing;” more specifically they were convicted of assault and battery (G. L. c. 265, § 13A), assault and battery by means of a dangerous weapon (a shod foot) (G. L. c. 265, § 15A), and through the use of force interfering with rights secured by the Constitution or laws of the Commonwealth or the Constitution or laws of the United States (G. L. c. 265, § 37).2 We conclude that the District Court lacked jurisdiction under G. L. c. 218, § 26, to try the civil rights offenses…