Former Market Basket worker accused of assault avoids jail time

Dave Rogers, The Daily News of Newburyport, Mass.
·2 min read

Jun. 15—ROWLEY — A former Market Basket employee accused of seriously injuring a co-worker behind the deli counter avoided jail time on Monday after admitting to a Newburyport District Court judge he could be found guilty of assault and battery.

Graham Smith, 63, of Winsor Lane, Topsfield, saw the charge continued without a finding and was placed on probation for a year. If he stays out of trouble with the law, stays away from and has no contact with his victim, and pays $535 in restitution for medical bills not covered by insurance, the charge will dropped after a year.

Smith was arraigned on the charge on March 18 and released on personal recognizance. His arraignment on the felony offense came after a clerk magistrate ruled on Jan. 27 that there was enough probable cause to charge him, according to court records.

A day after the assault on Sept. 10, the victim went to the Rowley Police Department and told Officer John Raffi that Smith tripped him as he walked past, causing him to land face first against a deli slicing machine.

While the man avoided the blades, he sustained a broken nose, broken cheek bone, a swollen left eye, cuts to his face and a swollen right hand, according to Raffi's report.

Raffi wrote that he spoke to another Market Basket employee who said he saw Smith stretch out his leg to trip the victim. The employee reported what he saw to a Market Basket manager, who began an internal investigation.

In a report included in Smith's court file, the Market Basket manager wrote that Smith would "no longer be working there."

The internal report also states that the witness saw Smith and the victim arguing earlier in the shift.

"When (the victim) came back from break (the witness) saw (the victim) walking to the back room. This is where he saw Graham trip (the victim) on purpose. He confirmed this information with the Rowley police," the report read.

When Raffi spoke to Smith about the incident, Smith said the victim had threatened him with a knife months earlier and had also threatened to harm his family. Smith said the victim had been on his case for "taking several breaks during the time they were both assigned to the deli counter."

Smith also told the officer that the trip was accidental, according to Raffi's report.

During Smith's arraignment, his attorney told the judge that he acted in self-defense.

Dave Rogers is a staff writer with The Daily News. Email him at: drogers@newburyportnews.com. Follow him on Twitter @drogers41008.