LOWELL — Police say a physically handicapped woman with cancer who breathes with the help of oxygen, was seated on the toilet in her city apartment when her estranged husband allegedly pushed her onto the floor because he had to go to the bathroom.
When the woman’s nephew, 24, heard the victim cry out for help, the nephew tried to intervene, but police say Juan Hernandez grabbed the nephew and pinned him against the wall.
Police allege the assault on the nephew was witnessed by the handicapped woman’s personal care attendant.
In Lowell District Court on Tuesday, Hernandez, 57, of 133 Westford St., Apt. 13, Lowell, was ordered held on $5,000 cash bail after pleading not guilty to assault and battery on a disabled person and assault and battery.
Hernandez must also abide by the year-long restraining order the victim received Tuesday in court.
Prosecutor Daniel Brunelli said Lowell police responded at 3:45 p.m. Monday for a report of a domestic assault. Police say they are aware the victim, 45, has medical issues, uses a scooter, and has a personal-care attendant and others to care for her daily. She has one leg and uses a wheelchair.
The victim told police she was using the bathroom when her estranged husband became angry when he told her he needed to use the bathroom. Hernandez was in the building to help the landlord move a couch, police say.
The victim told police that she has been subjected to long-term abuse and neglect by Hernandez, police said. Hernandez was upset because the victim was using money she receives for disability, and that supports him, to hire a personal-care attendant.
When police spoke to Hernandez, he allegedly said he burst into the bathroom to save the victim from taking illegal drugs, according to court documents.
Police said there was no evidence of illegal drugs in the bathroom, nor do the victim, her nephew or the PCA have a drug history.
Hernandez’s next court date is July 22 for a pretrial conference.
Hernandez has a criminal record with drug convictions and three aliases, Brunelli said. Upon his arrest, police learned Hernandez had an outstanding warrant for his arrest from Fall River on a breaking and entering charge.
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