The commonwealth has dimissed a felony aggravated assault charge filed against a Wilkinsburg man accused of beating up a woman in a Frazer hotel room last month, according to online court records.
Michael Joseph Battaglia, 44, was ordered to stand trial on felony and misdemeanor drug charges and misdemeanor charges of making terroristic threats, unlawful restraint, simple assault and strangulation in connection with the Oct. 1 incident.
Court records show Battaglia waived those charges Nov. 2. A preliminary hearing had been scheduled before District Judge David J. Sosovicka in Harmar.
Battaglia’s attorney Russell Turner didn’t respond to a request for comment.
Frazer police went to SpringHill Suites near the Pittsburgh Mills mall after receiving a report of a woman screaming for help there, according to a criminal complaint filed in the case.
A hotel employee told police the woman had walked out of the hotel wearing bloody sweatpants, and officers found her on Pittsburgh Mills Boulevard near the Route 28 southbound ramp. The woman said she had been “beat up,” the complaint said.
The employee said the woman had been in a hotel room with Battaglia and Andrew Gilbert, 27, of Pittsburgh, for most of the day.
Police said they arrested the men and found them in possession of drugs, drug paraphernalia and cash. Battaglia also had court documents belonging to the alleged victim.
In the hotel room, police said they found additional drugs and drug paraphernalia, along with bloody sheets and towels. Police say the woman accused Battaglia of a prolonged attack after she refused sexual favors.
Court records show a charge of felony sexual assault filed against Battaglia in another case also was withdrawn.
“In reviewing the evidence in preparation for the preliminary hearings, we decided that it was appropriate to withdraw certain charges based on that evidence,” said Mike Manko, a spokesman for the Allegheny County District Attorney’s Office. He declined to say what that evidence was.
Battaglia was denied bond and remains in Allegheny County Jail in Pittsburgh. A formal arraignment is set for Dec. 22.
Gilbert, who is charged with numerous drug offenses, waived his case and will stand trial, according to court records. He is free on nonmonetary bond. His attorney, Christopher Urbano, didn’t reply to a message seeking comment.
Editor’s note: This story was updated Nov. 9, 2020 to indicate the charge was withdrawn by the commonwealth, not dismissed by District Judge David Sosovicka.
