By Norman Miller/Daily News staff MetroWest Daily News Posted May 16, 2008 @ 12:53 AM
FRAMINGHAM — A Framingham man choked his niece into unconsciousness Wednesday because she didn't give him her cigarettes when she quit smoking, police said. James Bird, 45, is being held without bail after attacking the 20-year-old woman about 6:15 p.m. at 24 Wilson Ave., police spokesman Lt. Paul Shastany said. On Wednesday, police went to 24 Wilson Ave. after a woman, whom police did not identify, called to report a problem between her daughter and her brother, Bird. She told police she was reluctant to call them because of a threat. "Her brother said he would kill whoever called the cops on him and that scared her," Shastany said. Once inside police separated Bird from his niece, whom police did not identify. He claimed his niece asked him for a cigarette, but he did not have one; she became angry and he had to defend himself from a physical attack, police said. The victim, however, told police a different story. "She said she was going to quit smoking and she broke all of her cigarettes in half and threw them away," said Shastany. "He became enraged because she didn't offer them to him." After yelling at her, Bird attacked, police said. "He put both his hands on her throat, pushing her back and squeezing," said Shastany. "She was feeling light-headed and began gasping for air and she fell on the couch and she passed out temporarily." When she awoke, Bird continued the assault and hit her with a baby stroller, the lieutenant said. The woman declined medical treatment. Bird, of 24 Wilson Ave., was charged with attempted murder, domestic assault and battery and domestic assault with a dangerous weapon. Bird was ordered held without bail after his Framingham District Court arraignment yesterday pending a hearing to determine whether he is a danger to the public. The dangerousness hearing is scheduled for Monday.
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