A former TD Garden security guard who was captured on video beating a homeless man with his own cane will have the charges against him dismissed if he completes 100 hours of community service, court records show.
The case against Rene Norestant Jr. was part of a pattern of alleged abuse against homeless people inside North Station by private security guards hired by TD Garden. Four homeless people, including the man allegedly beaten by Norestant, have sued the former guard and the security company that employed him, Allied Universal, alleging the firm’s negligence led to the attacks.
In January, Norestant, 27, was charged with two counts of assault and battery with a dangerous weapon after authorities say he attacked Michael Hathaway , a disabled 53-year-old homeless man who had been sitting on a bench in North Station during the morning rush hour on Dec. 22, 2016.
Norestant asked Hathaway to leave, then allegedly shoved him into an exit door, punched or shoved him again, grabbed his cane, and struck his head, police said.
He was charged after the Globe inquired about the alleged assault.
The Suffolk district attorney’s office had requested Norestant be convicted and sentenced to 18 months in jail, followed by two years of probation.
But on Monday, Judge Eleanor Coe Sinnott of Boston Municipal Court agreed to a “continuance without a finding,” a legal disposition that means Norestant admitted to sufficient facts for a guilty finding without actually pleading guilty, thereby avoiding a conviction.
If he performs 100 hours of community service, has no contact with the victim, completes anger management classes, and is not charged with any new crimes over the next four years, the charges against him will be dismissed, court records show.
The district attorney’s office objected. “Given the facts and the evidence that we were prepared to present, we believe a guilty finding and a term of incarceration were appropriate,” said Jake Wark, a spokesman.
Hathaway, who was outside North Station Tuesday, learned from a reporter that Norestant had avoided jail time and said he wanted to speak to his attorney before commenting. His lawyer, Patrick T. Jones, who represents Hathaway in the suit against Norestant and Allied Universal, declined to comment.
Wark said the prosecutor’s office tried over several months to discuss the case with Hathaway but could not reach him at three addresses and a phone number. “Regardless of his physical presence, we made good-faith efforts to incorporate the harm done to him in our sentencing recommendation,” Wark said.
Reached by phone Tuesday, Norestant said, “I can’t speak about it.” His lawyer, Rachel Grijalvo, said, “I believe it was a fair and appropriate resolution for Mr. Norestant, who is an individual who has no prior involvement with the criminal justice system.”
Allied Universal did not respond to requests for comment. TD Garden officials declined to comment. TD Garden severed ties to Allied in January.