Earlier this week charges against Dr. Thomas O’Leary in connection with slapping a 6-year old patient in October of 2013 were dismissed in East Brookfield District Court.
However, according to Timothy Connolly, a spokesman for Worcester District Attorney Joseph Early, Judge Maura McCarthy did so without prejudice.
The charges stemmed from an October 2013 office visit to Harrington Physician Services, where O'Leary worked at the time. According to the Telegram & Gazette, O'Leary was with the boy, being treated for ADHD, and his father, when the boy removed his shirt to throw it at the father.
O'Leary reportedly stood between the two to intervene. He told police that as he grabbed the shirt, the boy kicked him in the groin, causing him to lean forward. It was at that time that his hand was said to have come into contact with the boy's face.
The father reported the boy cried and had a red mark after the incident. After an internal investigation, Harrington terminated O'Leary.
Connolly on Wednesday, however, said the DA's office would seek to re-file a charge of assault and battery against O'Leary.
"One of the issues with the case, when it came forward was, the DA's office had summonsed in Southbridge police to testify on some photos that were taken. But they had been taken by the hospital. The hospital personnel who took the photos had not been summoned," Connolly said.
"So that's why the judge dismissed the case without prejudice," he said. "We will bring in witnesses and go forward with the case."
"We anticipate re-filing that charge later this week or early next week," Connolly said.