After making these allegations, the city police turned the investigation over to SLED.
SLED’s investigation confirmed that Mahaney had shot Weaver in the leg and possibly the shoulder, according to the letter from the attorney’s office.
Weaver maintains the contact was not consensual, but Richardson’s letter says the elements of an assault and battery charge include intentionally hurting or attempting to hurt someone and having the ability to do so.
Just a touch doesn’t meet the bar, Richardson said in an interview.
“If you and I are walking on a crowded sidewalk and we bump elbows or shoulders, that’s not assault; I didn’t mean to hurt you, he explained. “There must be some kind of malice involved, and from what investigators gathered – they had a third party in there – there was no hitting, slapping, shoving, none of that. It was just a touch on the leg and maybe a touch on the shoulder when she was crying.
Weaver maintains that the touch was not a comforting gesture.
“He caught me after I asked for my business partner to be there,” Weaver said. “I was intimidated.”
The incident took its toll on Weaver, who said she now had a stomach ache when driving past City Hall.
“I feel like all of this has completely decimated my opinion of this city,” she said. “Not the people of this town, but the government of this town.”
To get away, she said she was selling the kayaking tour business and moving with Watkins to Costa Rica.
“The intention to move came from there,” she said. “Selling the business is a byproduct of leaving the area.”
Weaver said she’s not a procedural person, but is weighing her legal options, especially now that the attorney’s office won’t press charges.
“Everyone has the right to enter City Hall and not fear for their safety,” she said. “And I will stand up and fight for it again and again.”