In Commonwealth v. Jones, the appellate court considered a case in which the defendant was convicted of violating M.G.L. c. 265, § 13M, assault and battery on a family member. In 2015, the defendant and his wife were at home. The wife was using the husband’s cell phone to get some information for him, and she saw that he’d been texting with a woman. When she mentioned it to the husband, he got angry. They went to dinner for their anniversary and returned to their bedroom afterward.
The husband lay down, but the wife watched television. She saw that the husband’s cell phone was receiving text messages and that it kept beeping. The text message said, “I made money.” She woke up her husband to ask about the text, and the defendant jumped up and grabbed her neck with his hands, squeezing. Later at trial, the wife testified that this was common for him—jumping out of bed and getting verbally abusive. She went to a dollar store nearby and called her mom. The defendant called her and asked that she come home.
The wife told him she didn’t like the texts she’d seen and asked for an explanation. She called 911. An officer came to her at the dollar store, and another officer went to the defendant’s home. The husband was charged, and the wife testified against him, explaining that he’d sometimes gotten violent with her, sending her to the floor.