SalemNews.com, Salem, MA

Local News

December 17, 2011

Peabody man held in alleged beating

DANVERS — A Peabody man is being held without bail, charged with beating and robbing a Danvers man outside a home on Tibbetts Avenue earlier this week.

Prosecutors say the beating appears to have been related to a drug overdose suffered by the suspect's girlfriend while she was with the alleged victim.

Cody Murphy, 24, of 22 County Way, was arrested early yesterday on charges of unarmed robbery, aggravated assault and battery, felony larceny, witness intimidation and threats.

On Tuesday, a 31-year-old Danvers man was hospitalized with severe injuries, including a broken eye socket and two breaks to his nose.

"He did have some serious injuries we observed," said Danvers police spokesman Sgt. Robert Bettencourt.

The man said his wallet, which had contained $400, and his cellphone were stolen during an attack by "three to six men," including Murphy, prosecutor Heidi Sylvanowicz said in court during Murphy's arraignment.

Sylvanowicz, who filed a request to have Murphy held as a danger for up to 90 days without bail, told a Salem District Court judge the victim had picked up Murphy's girlfriend and that the two had gone to a home, where Murphy subsequently found the young woman unconscious in a bathtub, apparently from a heroin overdose.

The prosecutor said Murphy then found the victim in a car parked outside, sleeping.

Subsequently, police listened in on a conversation in which the victim called Murphy and asked if he could have his cell phone back. During the conversation, Murphy accused the victim of giving the woman drugs.

He also allegedly threatened the victim, advising him not to cooperate with police because he knew "a lot of people in Danvers and Peabody that would put people in a cement staircase," the prosecutor told Judge Sabita Singh.

The pair agreed to meet at the 7-Eleven on Lynn Street in Peabody late Thursday night. Shortly after midnight, Murphy and his girlfriend, Michelle Burgess of Danvers, showed up at the store and Murphy was arrested.

Burgess, 31, was also taken into custody on some old warrants.

Murphy alleged acknowledged an altercation with the victim but said he was acting in self-defense because he thought the victim was going for a knife.

Murphy's lawyer, Mark Schmidt, said the story told by the victim is questionable and suggested that he was actually the aggressor.

"Mr. Murphy is looking forward to a hearing," said Schmidt.

A dangerousness hearing is set for next Friday, Dec. 23.

Courts reporter Julie Manganis may be reached at 978-338-2521 or at jmanganis@salemnews.com.

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