The alleged victim of 40-year-old Richard Byakuleka told prosecutors she will not testify against him, and claims the incident was a misunderstanding.
"He's been overcharged," said attorney Arthur Kelly, who was appointed to represent Byakuleka. "The alleged victim is here begging for his release. She feels they had a disagreement. It was nothing more."
A dangerousness hearing was set for yesterday, but was postponed because Kelly told Judge Tobin Harvey he does not have time to devote to the case. However, a Superior Court-qualified attorney was not available, and Kelly was ordered to remain on the case for now.
The need for a Superior-Court qualified attorney means the case will likely be presented to a grand jury.
The dangerousness hearing is scheduled for today at 2 p.m. at Waltham District Court.
Kelly said the alleged victim is prepared to testify for the defense. She was reprimanded by a court officer for speaking to Byakuleka in the courtroom, and blew him a kiss before leaving without comment.
"The story that's referenced in the police report, after conversations with the alleged victim, is dramatically different," he said.
According to Detective Sgt. Tim King, Byakuleka told police it is acceptable in his country to beat women who do not obey men.
He was arrested at his South Street home Sunday, after he punched, choked, bit, and threatened to kill the alleged victim during an argument, King said.
Byakuleka, of 606 South St., Apt. B, was charged with two counts of assault and battery with a dangerous weapon, assault and battery, assault with intent to murder, and intimidation of a witness, he said.
