Thu, Nov 26 2009

Published: August 09, 2008 12:07 am    PrintThis  

Woman held without bail in Hatfield-Muir fight

By Mike LaBella
Staff Writer

HAVERHILL — A woman accused of punching another woman, causing her to hit her head on the sidewalk and suffer brain injury, collapsed in a courtroom yesterday when told she had to stay in jail until next month.

Ernestine "Tina" Muir was in Haverhill District Court yesterday for a dangerousness hearing as a result of her alleged attack against Tara Hatfield, 33, of 402 River St., early last Saturday morning.

Muir's lawyer Stephen Colella argued against Muir being held saying she is not a danger to society, but Prosecutor John DePaulo disagreed, asking she be held without bail until at least a probable cause hearing scheduled for Sept. 4.

When Judge Patricia Dowling ordered that she be held because of the "volatility of the situation," Muir collapsed to the courtroom floor.

Appearing disoriented, Muir was helped back onto her feet and into a chair by courtroom guards — who gave her a cup of water.

Muir was being held on $7,500 cash bail on charges of assault and battery and assault with a dangerous weapon.

Hatfield and her brother Shawn Hatfield, 32, of 1 Arlington Place, went to Muir's home Saturday at 1:30 a.m. after they had been drinking at a bar.

Police said Muir and Tara Hatfield had a confrontation in the street that ended when Muir punched Hatfield in the face, causing her to fall to the ground — where she suffered serious injury to her head.

Hatfield was taken Caritas Holy Family Hospital in Methuen before being taken by helicopter to Beth Israel Deaconess Medical Center in Boston, where doctors performed brain surgery. Hatfield has since been transferred to Northeast Rehabilitation Center in Salem, N.H.

During testimony yesterday, Haverhill police Detective Carl Rogers said he had spoken to Hatfield's mother earlier that morning and learned of her daughter's condition.

"She said she's (Tara) acting like a little kid and that she'll need another brain surgery," Rogers said. "They won't reattach a piece of her skull for three or four months as she'll need another surgery."

Yesterday's hearing lasted more than an hour with DePaulo and Colella questioning Rogers as to details of the incident, as well as questioning Muir's nephew, Jonathan Paquette, who said he witnessed the confrontation.

Rogers said events leading up to confrontation included multiple cell-phone calls between Tara Hatfield and Muir's son, Todd Muir Jr.

"It sounded like they were calling each other quite a bit," Rogers said, referring to Tara Hatfield and Todd Muir.

Tara and her brother Shawn were at a bar in Lafayette Square, Rogers said, and at some point during the phone calls the two left and headed to Ernestine Muir's house.

"Shawn lost sight of Tara and when he rounded the corner onto Blaisdell (Street) his sister was lying face down on the street and Tina was near her," Rogers said. "Shawn said Tina told him 'I'll knock you out like I did your sister.'"

Rogers said a neighbor who was looking out her window saw Ernestine Muir kick off her shoes in her driveway then walk down the street to face Tara Hatfield.

"The witness said she saw Tina swing and Hatfield drop to the ground," Rogers said.

Rogers said that when officers interviewed Muir that night, she admitted to having more than six beers.

"She'd just returned from Boston, and she was buzzed," Rogers said. "She said Tara has been stalking her son (Todd) and that she didn't like it."

Rogers said Muir told police that Tara Hatfield was "falling down drunk" that night and that during their encounter, Hatfield swung at Muir and she responded by punching Hatfield in the face, causing her to hit the ground "like a ton of bricks."

"Do you consider this to be a volatile situation between the Hatfields and the Muirs?" DePaulo asked Rogers.

"Yes, they do not like each other," Rogers said.

Paquette, Muir's nephew, testified he overheard angry cell-phone conversations between Tara Hatfield and Todd Muir.

"At one point, Todd asked me to answer his phone," Paquette said. "I got at least four to six calls from each of them (Tara and Shawn), and they sounded intoxicated."

Paquette said he'd told his aunt that Tara Hatfield "keeps calling and harassing Todd," and that Tara Hatfield was mad about Todd's new girlfriend. A police report indicated that Tara Hatfield and Todd Muir had a brief relationship.

"Then Tara walks up the road mean and quick," Paquette said. "I was about 15 feet away, and I could hear their conversation. Tina told Tara to leave, then Tara pushed Tina, then Tara lunged at her with a swing. Tara swung again, then my aunt swung and hit her."

Rogers said police had been called to the Muir residence 20 minutes prior to the confrontation on a complaint of a group of kids on bicycles in the street. While police were on the scene, they spoke to Todd Muir and asked him to quiet down as he'd been yelling into his cell phone.

Colella called the incident a "tragic event" and said it was clear that Tara Hatfield had been drinking and that she and her brother Shawn walked to the Muir residence and created the confrontation,

"This was a response (by Tina) to an assault," Colella said. "This woman (Tina) is not a danger to the community. She should be released on a reasonable bail amount."

At the conclusion of testimony, Judge Dowling ordered Ernestine Muir be held.

"I find that the defendant initiated the contact," Dowling said. "Coupled with the volatility of the situation, I'm going to detain her."

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