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‘Sufficient facts’ found by judge in 2025 assault case against Marathon assistant principal

by | Jan 13, 2026 | Featured: Education, News

Court documents obtained by the Independent on Monday revealed that the elementary school assistant principal placed on administrative leave last week by the Hopkinton Public Schools was sentenced to probation and ordered to pay restitution in a criminal case last year.

Eric Mitchell, the Marathon School assistant principal, was accused of assault and battery with a dangerous weapon on an elderly disabled veteran and disorderly conduct at a Plainville casino last year. Criminal charges against him were filed by the commonwealth in Wrentham District Court on Aug. 10, 2024, according to court documents.

Charges leveled after casino fight

Mitchell was officially charged with assault and battery on a person over age 60 or with a disability with injury to Bryan Gallagher. Gallagher claimed that Mitchell assaulted him on Feb. 19, 2024, at the Plainridge Park Casino in Plainville by striking his face and pushing his body and head into a slot machine.

On May 14, 2025, Thomas L. Finigan, first justice of the Wrentham District Court, ruled “sufficient facts found but continued without a finding until 5/12/27.” According to the state website, “continuance without a finding” means that “criminal case is continued to a date certain without the formal entry of a guilty finding.” in cases where there is a probation violation following this ruling, the defendant can face revocation of the continuance, entry of a finding of guilty and a sentence imposition, according to mass.gov.

This charge carries a more severe sentence than a typical assault and battery charge because of the victim’s status as a protected person (over 60 years old and/or disabled). If imposed, the sentence can be “imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars or imprisonment in jail for not more than two and one-half years,” according to state law.

Finigan also ordered Mitchell to pay $826.78 in restitution to Gallagher.  As a result of the ruling, Mitchell was placed on probation.

The second charge of disorderly conduct was dismissed at the request of the commonwealth, according to court records.

State trooper details encounter in report

In the case file, Trooper Gregory Hayes of the Massachusetts State Police provided his account of the incident between Mitchell and Gallagher. A casino security guard had called the police at 9:56 p.m. to report “a physical altercation going on between two males,” prompting his investigation.

Hayes stated that he observed Mitchell “being held on the ground by another patron.” He observed that Mitchell’s left hand was bleeding from a “large laceration.” Hayes stated that Mitchell’s hand was bandaged by an emergency medical technician, but Mitchell refused medical treatment from the Plainville Fire Department.

Hayes took Mitchell’s statement. Mitchell “stated that Gallagher attacked him” and that “they took his money.” Mitchell did not specify to the state trooper who “they” were.

In his report, Hayes recounted Gallagher’s description of the events. Gallagher told him that Mitchell had knocked over his drink. After that, the report stated that “he ended up punching him in the face and the two began to fight.”

The trooper noted that surveillance footage of the incident showed Mitchell knocking a drink off Gallagher’s drink stand. Gallagher then approached Mitchell.

“[At] that time Mitchell strikes Gallagher in the face with a left hand,” the trooper stated.

“The two intermingle and Mitchell gets his left hand and arm on the back of the neck of Gallagher,” Hayes continued. “Mitchell slammed Gallagher’s body and head into a slot machine several times before Mitchell ended up falling back into a chair and was restrained by another patron.”

Gallagher was transported to Sturdy Memorial Hospital in Attleboro “for treatment of head and shoulder injuries,” according to the report. Mitchell decided to seek medical treatment on his own.

Hayes charged Mitchell with the two charges filed by the commonwealth as well as assault and battery with serious bodily injury. In his statement, Hayes said Plainville Police Detective David Smolinsky “informed Mitchell that he would be issued a criminal complaint/summons.”

At that time, Mitchell was issued a 30-day trespass order barring him from casino property.

Accuser: ‘He has permanently maimed me’

In recent emails to the Independent, Gallagher shared information about the injuries he sustained during the incident with Mitchell.

“Eric Mitchell put me in the hospital for 25 days,” he stated. “[He] broke my arm and [my] shoulder had to be rebuilt.”

Gallagher described himself as a 62-year-old disabled veteran. He stated that he served for 26 years in the Massachusetts National Guard and went on seven combat tours.

“He has permanently maimed me,” he continued, noting that he received care at the West Roxbury VA Medical Center. “My arm still hurts to this day.”

Gallagher had contacted the Independent regarding this incident last March. However, he stated that on the advice of his attorney, he was unable to share information about the case at that time.

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