PITTSFIELD -- A man accused of biting a woman's finger during a "heated argument" will have his charges dismissed in six months if he refrains from abusing the woman.

Edward F. Herlihy, 52, of Pittsfield, bit the index finger of a 43-year-old woman when she waved it near his face as they argued on June 1, according to Pittsfield Police.

Police arrived at the Merriam Street bridge at about 8 p.m. where the woman was waiting. She showed them her finger which had puncture marks and was bleeding slightly, police said.

She said Herlihy bit her finger as she pointed it near his face, according to a police report.

The woman refused to give a written statement to police, didn't want to press charges and left the hospital before having the wound treated, according to the report.

When asked about the incident, Herlihy said he "didn't think" he had bitten the woman's finger, police said.

He was charged with misdemeanor assault and battery.

A bench trial on the charge was set to go forward in Central Berkshire District Court on Monday, with the defendant representing himself, but a last minute deal was worked out between Herlihy and the Berkshire District Attorney's Office.

The defendant pleaded to sufficient facts for a finding of guilt and had his case continued without a finding of guilt for six months. During that time he must refrain from abusing the woman.

Judge Charles W. Groce III sentenced Herlihy in line with the joint recommendation.

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