PITTSFIELD -- A Peru man accused of throwing his 11-year-old stepson into a wall, leaving a head-sized hole, is free on $500 bail after denying the charges.

Victor Biagiotti, 37, threw the child into the wall of his bedroom and then slammed him into the ground on June 21, according to the Massachusetts State Police attached to the Berkshire District Attorney’s Office. He said his stepfather told him not to tell anyone what happened.

The boy told the staff at his school on Monday, who in turn called police.

The incident began when the boy began discussing a separate incident that Biagiotti said was untrue and had made him look bad. The child wouldn’t tell police what that incident was, according to a police report.

The boy’s mother told police Monday’s events began when her son went into his stepsister’s treehouse without permission. She said she didn’t witness anything that happened and came into the room to find her son on the floor crying.

The young man was taken to Berkshire Medical Center on Monday and treated for tenderness to the scapula and a bruised left elbow, which police believe was consistent with the child’s version of events.

When police went to the home to investigate, Biagiotti was allegedly overhead saying, "Once they tell them spanking is wrong he took it and ran with it."

The state Department of Children and Families ordered Biagiotti to leave the home and have no contact with the boy.


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According to the report, Biagiotti told police he pulled the boy off of his bed by the leg and he fell to the floor. He then picked him up and threw him back on the bed and the child fell back into the wall, striking his back and possibly his head. He admitted "cuffing" him in the past. He denied telling the boy not to speak about what happened.

Police said there was an investigation into a similar incident involving the defendant and the child in New Lebanon, N.Y. in 2007.

Biagiotti was arrested after his interview with police on Thursday.

In Central Berkshire District Court on Friday, Biagiotti appeared before Judge Fredric D. Rutberg and denied two counts of felony aggravated assault and battery with a dangerous weapon and intimidation of a witness.

He remains free on $500 bail by agreement between the DA’s Office and attorney Kenneth G. Warren Jr., who represented Biagiotti on bail matters. He is due back in court Aug. 1.

To reach Andrew Amelinckx:

aamelinckx@berkshireeagle.com

or (413) 496-6249.

On Twitter: @BETheAmelinckx