–By John Lynds
An East Boston man will serve up to five years in state prison for beating another man unconscious outside a Financial District bar hosting a bikini contest two years ago.
A Suffolk Superior Court jury yesterday convicted Kevin Colon Jr., 25, of aggravated assault and battery on a 47-year-old West Roxbury man in the early morning hours of June 4, 2009. Assistant District Attorney Philip O’Brien of Suffolk County D.A. Daniel Conley’s Senior Trial Unit recommended that he serve four to five years in state prison. Suffolk Superior Court Judge Judith Fabricant sentenced him to three to five years.
Jurors also convicted Philip Marlow, 25, of Woburn of the same offense for his role in the same incident, and O’Brien recommended that he serve three to five years in state prison. Fabricant scheduled his sentencing for July 13, ordering the Department of Probation to prepare a pre-sentencing memorandum by that date.
O’Brien introduced evidence and testimony showing that the victim, defendants, and Caitlin Roberts, 22, were attending a bikini contest at The Place on Broad Street at about 1:30 a.m. on June 4, 2009. Roberts – who was Colon’s girlfriend and underage at the time – threw a drink at another woman who was serving as a contest judge. The glass and some of the drink also hit the victim, burning his eyes.
Bar staff separated the female combatants and asked the victim to leave.
Colon and Marlow followed the victim and another man out of the bar and around the corner to State Street, where Colon punched the victim in the back of the head, knocking him to the ground. The pair then beat him so badly he was hospitalized for four days at Tufts Medical Center.
The victim was unable to recall the attack or identify his assailants, but an investigation by Boston Police allowed the D.A.’s office to identify Colon and Marlow from the victim’s friend, a person familiar with Marlow, the bikini contest judge, and others.
Under the direction of Sgt. Det. Michael Talbot, detectives assigned to District A-1 gathered video surveillance from The Place and 75 State St. that showed the victim and his friend being pursued by a group as they left the bar, and witness interviews established Colon’s and Marlow’s roles in the beating.
Roberts was charged with assault and battery for her initial role in the attack and admitted to throwing the drink. Her case was continued without a finding for a probationary period of two years during which time she must perform 50 hours of community service, take part in an anger management program, and be evaluated for drug or alcohol dependency. If she abides by those conditions and doesn’t re-offend, her case will be dismissed–otherwise her case could be put back on track for trial.
Colon was represented by attorney John Wood, Marlow by attorney Marcy Levington, and Roberts by attorney Robert LeRoy.