Benjamin Grew indicted
Published: Monday, November 5, 2007
Updated: Monday, April 19, 2010 00:04
A grand jury indicted former Plymouth State University student, Benjamin Grew of Yarmouth Massachusetts on Oct. 19, on charges of second-degree assault and negligent homicide.
At approximately 3:30 a.m. on Sunday, April 15, Jared Barrows, a senior Art major was walking on Plymouth Street toward Langdon Woods with his roommate, Bary Owen. According to investigators, Owen left Barrows for a moment to greet a friend. Shortly thereafter, Barrows was reportedly involved in a confrontation resulting in a beer bottle being thrown at him. The altercation ended before Owen returned to Barrows. Owen shared with police that he saw three people walking away from the scene of the assault upon his return.
According to a Plymouth District Court affidavit signed by Judge Edwin Kelly, Brian Burke was a witness to the crime. Burke told investigators that he helped to move the victim, Jared Barrows, out of the roadway after the assault. The affidavit also states that Burke told police that Benjamin Grew was present at the time of the altercation. Court records allege that during an interview with Plymouth Police Sgt. Mark Armaganian and Detective Sean McDaniel, Grew admitted to punching Barrows in the face. Barrows allegedly fell to the ground and appeared unconscious.
Benjamin Grew was arrested following an investigation by the Plymouth Police Department and was charged with second degree assault. The original charge filed by Plymouth Police stated that Grew caused serious bodily injury to Barrows with "an extreme indifference to the value of human life."
On April 21, six days following the alleged assault, Barrows died at Dartmouth-Hitchcock Medical Center in Lebanon, N.H. According to the medical examiner, the cause of death was blunt force trauma to the head and the manner of death was homicide.
Grew was initially indicted with a second-degree assault charge on June 15, 2007. On Oct. 19, 2007, the grand jury indicted Grew with another second-degree assault charge and a negligent homicide charge. Grew is scheduled for arraignment on Nov. 15 for the last two charges. A trial date for Grew has been set for December. However, the Dececember trial regards the first second-degree assault charge and, according to Prosecutor Melissa Pierce, "it is anticipated that [the first assault charge] will be dropped in favor of the new second-degree assault."
"This has been hard on me and my family," said Grew. He would not offer further comment regarding his situation.
"A plea is not likely other than a not guilty plea," said Steven Shadallah, Grew's lawyer. "Ben's position is that this is a tragic case for both his and Mr. Barrow's families. He does not believe he is legally responsible for what happened."
Grew's trial is scheduled for the week of April 21, 2008.