Bad for Business: Biting Off Your Partner's Nose

Boston, MA - A state Appeals Court reaffirmed the conviction of a Swampscott man Wednesday for allegedly biting off his former business partner's nose in 2012.

The Massachusetts Appeals Court denied the request from Kenneth Michaud, 44 , to appeal a prior conviction for the incident. In 2012, he was sentenced to serve up to five years in prison and three years' probation, convicted of mayhem and assault and battery causing serious bodily injury.

The incident in question took place May 2, 2012, outside a Revere restaurant, according to a Suffolk County District Attorney's press release. At the time, prosecutors said Michaud and his partner in a failed auto services business had met to discuss dissolving the business. The men allegedly argued inside the restaurant and left, at which time Michaud attacked his partner in an alley - punching him, strangling him and then biting off the tip of his nose, prosecutors said.

According to that press release, Michaud's appeal argued that "the evidence presented to jurors was not sufficient to prove that he had not acted in self-defense when he assaulted the victim, repeatedly punching him in the face and biting off the tip of the man’s nose. He also argued the evidence did not prove that he had the necessary intent to cause disfiguring injuries to uphold his conviction for mayhem."

The appellate panel rejected both arguments, with justices citing "powerful evidence" he started the fight. The force of the bite offers sufficient evidence of "intent to maim," justices said.

The victim, who was 43 at the time of the assault, underwent two surgeries to reattach the portion of his nose that had been ripped off and suffered migraines, blurred vision, and dizziness as a result of the vicious attack, the DA's press release said.

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