Mike Milbury will not face criminal charges in hockey assault case, spokesman says
BROOKLINE – Moments after a Brookline court official declined to issue criminal charges against Mike Milbury, the former Boston Bruins player described the confrontation between him and a 12-year-old youth hockey player as “an unfortunate misunderstanding.’’
A couple believed to be the parents of the alleged 12 year-old victim leave through the back door of Brookline District Court. (Aram Boghosian for The Boston Globe) The Boston Globe
Milbury spoke with reporters gathered today at Brookline District Court where a closed-door hearing was held on a request by Brookline police to charge the former NHL player with assault and battery, making threats, and disorderly conduct.
After hearing from police, and witnesses from both sides at the Dec. 9 hockey game, Acting Clerk Magistrate Edward F. Savage concluded there was not enough evidence to bring criminal charges against the 59-year-old Needham resident.
“Well, that’s good that it’s over a couple days before Christmas,’’ Milbury said. “It was an unfortunate misunderstanding…We’re pleased with the court’s ruling.’’
Milbury, in a brief conversation with the Globe’s Kevin Paul Dupont, said: “Needless to say, but I’ll say it, I’m relieved.’’
Milbury’s attorney, Mark Berthiaume, said Savage concluded that there was insufficient evidence to charge Milbury with any crime.
Milbury, who had taken a break from his job as an television analyst of the NHL, will resume work after the holidays, his attorney said.
John Burke, the attorney for the family of the boy who Milbury grabbed, said they were dismayed.
“They’re obviously very disappointed with the magistrate’s decision,’’ Burke told reporters.
He said the boy’s family believes the decision not to charge Milbury “sends a message’’ that violent acts by an adult against a child will be tolerated.
“This is about the actions of a 59-year-old man, an ex-NHL hockey player and coach, who had inappropriate reactions toward the activities of a 12-year-old child,’’ Burke said.
Burke said the family has not explored the idea of bringing a civil lawsuit against Milbury.
“Money has never been an issue, and has never been discussed,’’ Burke said.
Burke said the boy, whose name has not been made public, “looks forward to putting this distraction, hopefully, behind him.’’
Following Savage’s ruling, Brookline Police Captain Thomas Keaveney said the department will not pursue the investigation any further.
“It’s all over. The case is closed. The investigation is closed,’’ Keaveney said in a telephone interview.
“The clerk magistrate felt there was not enough evidence to bring this case forward, that he somehow believed that there wasn’t, in fact, any crime committed,’’ the department spokesman said. “So that’s the end of the story. It’s over.’’
After Savage’s ruling, Brookline police released their reports on the incident. Among the information contained in the 11 pages was an interview with the boy himself, and an interview with a parent who said they were videotaping the event, but did not capture the confrontation.
Police interviewed the 12-year-old, whose name was redacted, on Dec. 14, without his parents in the room.
“He described the game as having a lot of trash talking and being chippy on both sides,’’ the report states. “[He] went on to say that that in the second period there was a a scuffle in front of the net between him and an opposing player [redacted] causing the referee to send both players off the ice with a warming.
The youth said that game continued with the same chippy attitudes between both teams. At one point, the boy told police, Milbury shouted to the referee that he wanted the Blackhawk taken off the ice.
“During the game the trash talk and pushing and shoving between the players continued to the end,’’ the police report states.
A skills competition then followed with players shooting one-on-one on goalies. During the second round, the Blackhawk player said that he and Milbury’s son exchanged words, which led to a fight.
“The fight was broken up by the coach of the Blazers and the assistant coach of the Blackhawk,’’ police said in the report.
The boy told police that other coaches had already separated him from Milbury’s son when Milbury himself arrived.
Milbury “came running up the ice and grabbed [redacted] by the shirt collar. He began to shake him back and forth and lifted him up so that [redacted] was on his toes. Milbury was screaming, ‘What did you [expletive] say to him? I’m going to kill you,’ ’’ the report states.
Police said two other coaches then separated Milbury from the Blackhawk player.
“The boy stated that the incident lasted about 30 seconds and that during it he was afraid that Coach Milbury was going to hit him,’’ the police report states.
To comment, please create a screen name in your profile
To comment, please verify your email address
Conversation
This discussion has ended. Please join elsewhere on Boston.com