When South Kingstown Town Councilor Jay Wegimont was charged with simple assault and battery after an alleged confrontation outside a council meeting, his career, reputation, and freedom hung in the balance.
On October 17, 2025, Washington County District Court Judge Mary E. McCaffrey delivered a verdict of not guilty—finding the accusations lacked sufficient evidence and noting the testimony against him was inconsistent.
Attorney John E. MacDonald represented Wegimont at trial. The case offers a clear example of how misdemeanor assault charges can be defeated when the defense challenges witness credibility and exposes gaps in the prosecution’s evidence.
The Accusations and What Was at Stake
The charges stemmed from a June 9, 2025, incident at a South Kingstown Town Council meeting. Anthony D’Ellena, chairman of the Narragansett Republican Town Committee, claimed Wegimont followed him out of the meeting and physically assaulted him in the hallway.
D’Ellena’s descriptions of the alleged assault shifted—from “pressed his body into mine” in one statement to “body-checked” in another, and “body-slammed” on social media.
Wegimont faced a charge of simple assault and/or battery, a misdemeanor offense under R.I. Gen. Laws § 11-5-3. If convicted, he could have faced up to one year in jail and fines up to $1,000. Beyond the criminal penalties, a conviction would have jeopardized his position on the Town Council and created a permanent mark on his record.
How Rhode Island Defines Simple Assault and Battery
Under Rhode Island law, assault and battery are distinct but related offenses. An assault occurs when someone places another person in reasonable fear of imminent harmful or offensive contact. A battery requires actual physical contact that is either harmful or offensive.
The prosecution must prove every element of the charge beyond a reasonable doubt. That burden never shifts to the defendant. If the evidence is insufficient—or if witness testimony is unreliable—the case fails.
Common Defenses to Assault and Battery Charges
Every assault case is different, but certain defense strategies appear regularly in Rhode Island courts. An experienced assault and battery attorney can review the details of your case to determine which, if any, can be applied.
Self-Defense
Rhode Island law permits individuals to use reasonable force to protect themselves from imminent harm. If someone attacked you first and you responded proportionally, self-defense may apply. The key questions are whether you reasonably believed you were in danger and whether your response matched the threat.
Lack of Intent
Assault and battery require intentional conduct. Accidental contact—bumping into someone in a crowded hallway, for example—does not satisfy this element. The prosecution must prove you meant to cause harmful or offensive contact, not simply that contact occurred.
Consent
In some situations, the alleged victim consented to the physical contact. This defense arises in contexts ranging from sports to mutual altercations where both parties willingly engaged.
False Accusations
As the Wegimont case demonstrates, not every accusation is true. Personal disputes, custody battles, political rivalries, and attempts at revenge can all motivate someone to fabricate or exaggerate claims. Exposing inconsistencies in the accuser’s statements—and identifying their motive to lie—can dismantle the prosecution’s case.
Insufficient Evidence
Even when an incident occurred, the prosecution may lack the evidence to prove it beyond a reasonable doubt. No independent witnesses. No video. No injuries. When the case rests entirely on one person’s word, a skilled defense attorney can create reasonable doubt.
The Defense Strategy That Led to Acquittal in the Wegimont Case
The defense focused on three critical weaknesses in the prosecution’s case.
1. Inconsistent Witness Testimony
Judge McCaffrey noted significant contradictions in how witnesses described the alleged assault. D’Ellena told police one version, gave a different account in another statement, and posted yet another description on social media. As the judge observed, D’Ellena is a political consultant who understands that pressing is not the same as body-slamming.
2. Video Evidence That Contradicted the Claims
D’Ellena recorded video of the confrontation, but the footage began after the alleged assault occurred. In the video, D’Ellena’s only complaint was asking Wegimont why he followed him out of the meeting, not mentioning any physical assault. The three witnesses who claimed they were frightened appeared otherwise on camera. An individual who left the meeting shortly afterward reported hearing the group laughing.
3. Independent Witnesses Who Saw and Heard Nothing
Town officials who remained in the council chambers—with the door open to the hallway where the alleged assault occurred—did not hear any yelling or screaming. If the confrontation had happened as described, people would have investigated.
As Attorney MacDonald explained after the verdict: “Judge McCaffrey carefully went through the evidence presented at trial and found that the complaining witness was simply not credible.”
What This Means for Anyone Facing Assault Charges in Rhode Island
Assault and battery charges are often based on one person’s word against another’s. Prosecutors file these cases aggressively, sometimes without thoroughly examining whether the evidence can support a conviction.
Political motivations, personal vendettas, and exaggerated claims do lead to criminal charges—and those charges can destroy lives if not properly defended.
This case demonstrates why early and thorough investigation matters. The defense didn’t simply contest the facts at trial. It built a case around the inconsistencies, the absence of corroborating evidence, and the motivations of those making accusations.
What Happens After an Acquittal
Following a not guilty verdict, the defendant may be eligible to have the case sealed from their criminal record. In Rhode Island, this process removes the arrest and charge from public view, preventing employers, landlords, and others from accessing the information through standard background checks.
A criminal charge—even one that ends in acquittal—can follow you if you don’t take steps to clear your record. If you’ve been found not guilty of a crime in Rhode Island, speak with an expungement attorney about sealing the case.
Facing Assault Charges? What You Should Do Now
If you’ve been charged with assault or battery in Rhode Island, the first 48 hours matter. Witnesses’ memories fade. Evidence disappears. And prosecutors move quickly to build their case.
You need a Rhode Island criminal defense attorney who will investigate the facts, identify weaknesses in the prosecution’s evidence, and prepare to challenge their case at every stage—from arraignment through trial if necessary.
Attorney John E. MacDonald has defended clients facing assault charges in District Court and Superior Court for more than 30 years. He is the author of Rhode Island Criminal Defense: A Practice Manual, the practice guide used by defense attorneys throughout the state. Call (401) 421-1440 today to schedule your free consultation.
