BOSTON (WHDH) - The assault charge against Bruins veteran Milan Lucic was dismissed Friday.
The judge in the case granted a motion from Lucic’s defense to exclude a 911 call made by his wife Brittany on Saturday, Nov. 18 during the incident that prompted the charge. The judge said it should not be entered into evidence because it contains allegations from an accuser that the defendant can not cross examine, due to Lucic’s wife invoking spousal privilege in refusing to testify at trial.
After that decision the state informed the court it could not proceed with the trial.
“This situation is something prosecutors encounter quite often in matters involving domestic violence charges,” the Suffolk County District Attorney’s office said in a statement. “We handled this case exactly as we would any other presenting a similar set of circumstances.”
Last year, Lucic pleaded not guilty to a charge of assault and battery after he was arrested by Boston Police at his North End apartment.
“I think he wishes that that incident or whatever didn’t happen,” Lucic defense attorney Gary Pelletier said outside court following the dismissal Friday. “He did not strangle her. There was nothing like that that ever happened. […] There was never an assault in this case.”
A police report from the incident detailed how a family member had reached out to authorities, and during her call, said Lucic had attempted to choke her. According to the report, officers met with the family member in the apartment’s lobby and learned that the incident occurred after, sometime during the night, Lucic came home and could not find his cell phone.
The family member said Lucic accused her of hiding the phone and demanded it back. When she told him she did not have it or know where it was, the police report said Lucic grabbed the family member by the hair and pulled her backwards as she tried to walk away, stating that she “wasn’t going anywhere.”
The report detailed how the family member declined treatment and told police she had not been strangled when asked after an officer spotted what appeared to be redness in her chest area. She also told police that she thought Lucic had been consuming alcohol.
After speaking with the family member, police headed upstairs and met with Lucic, who they said appeared to have been drinking. The suspect also claimed nothing had happened.
While bringing Lucic into a bedroom to retrieve clothing, officers noted seeing a broken lamp on one of the nightstands and a small amount of broken glass on the floor, which Lucic claimed was broken shards of plastic. The 35-year-old was later booked at the Boston Police Department’s A-1 police station and was allowed out on bail.
The Bruins placed Lucic on indefinite leave following his arrest, which the team confirmed will not change.
“Milan Lucic will remain on indefinite leave from the organization for the remainder of the 2023-24 season,” the team said in a statement Friday. “The Boston Bruins organization supports Milan and his family as he continues his personal rehabilitation.”
Lucic refused comment to 7News when approached leaving the back door of the courthouse Friday.
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