WEST NEWBURY – Eight months after being charged with disorderly conduct after a disturbance outside a Church Street home that forced local police to draw their weapons, a Stoneham man's attorney asked a judge Friday to drop the charge.

The man, Brian Boike, 39, of Fallon Road, Stoneham, was in Newburyport District Court Friday as his attorney, Hugh Ferguson, asked Judge James LaMothe to dismiss the charge. Ferguson said his client was mentally incapacitated on May 9.

"The man was psychotic at the time," Ferguson said. 

Ferguson and an Essex County prosecutor were in the midst of a plea deal at the time of the request with Ferguson asking the charge be continued without a finding for a year. The state was seeking a guilty finding and a $150 fine, the maximum penalty for a first disorderly conduct offense. 

LaMothe denied both Ferguson's request for a dismissal and continuing the matter for a year, adding that it made no sense to sentence someone to a year of probation when the maximum penalty was a small fine. 

Ferguson said his client was hoping to avoid having a guilty finding on his record despite acknowledging Boike already had two previous convictions on his record. 

LaMothe wouldn't budge, however, and said Boike could accept a guilty finding or have a trial. Ferguson opted for the latter and a Feb. 12 trial date was scheduled. 

According to a report, police received word on May 9 around 11 a.m. that a man with a gun was outside a Church Street house making suicidal statements while taking off his clothes. By the time police arrived, Boike was wearing only pants. 

"While walking toward (an officer), he yelled 'shoot me' numerous times and made several suicidal statements begging and pleading with us to shoot him," Officer Danielle Burrill wrote in her report, adding that officers had drawn their weapons. 

Burrill said Boike, who was unarmed, then removed his pants and made several more "explicit statements." He surrendered peacefully after officers ordered him to the ground.

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