August 07, 2015 11:25 AM

A Massachusetts state trooper who’s accused of assaulting his girlfriend says his twin brother is to blame.

Corey Benoit, 36, is charged with assault and battery on a family/household member for allegedly attacking his live-in girlfriend after he got into an argument with her over the volume of the music that was playing at his birthday party on Sunday, according to The Boston Globe.

At Benoit’s arraignment on Monday, attorney Leonard Kesten said his client was defending himself from his girlfriend after she bit his lip and neck, The Worcester Telegram & Gazette reports. “Doesn’t that matter?” Benoit allegedly told arresting officers, according to a state police report obtained by The Boston Globe.

Benoit had allegedly asked his girlfriend, 30-year-old Nicole Poirier, to turn down the music at the party, Kesten said Monday. Instead, she turned it up and allegedly bit him. Benoit pushed Poirier away after the bite.

In turn, Benoit allegedly threw Poirier into a wall and broke her collarbone.

But at a hearing Wednesday, Kesten presented new evidence showing that Benoit’s twin brother, Chris Benoit, was actually the one to break Poirier’s collarbone, The Worcester Telegram & Gazette reports.

Kesten pointed to a handwritten affidavit signed by Poirier in which she alleges she was uninjured when Benoit “hip-checked” her. She went on to allege that his brother was responsible for her broken collarbone.

The affidavit was not a part of the initial arrest report, prompting Judge Arthur F. Haley to ask Lieutenant John Collura why the report was changed. He answered that some of Benoit’s family members came into the station later on Sunday to report that Poirier and her mother had attacked Chris’ girlfriend, Amanda Pomaro. They claimed that Poirier had been injured in that fight, not the one with Benoit.

Pomaro said that she was attacked by Poirier and her mother while she was trying to get Benoit’s children out of the house. As Pomaro was buckling the kids into her car, she said Poirier pulled her to the ground. Poirier’s mother then allegedly began tugging on Pomaro’s hair while Poirier allegedly punched her in the face and screamed that she was going to “kill her and gouge her eyes out and eat them,” according to The Worcester Telegram & Gazette.

Chris Benoit and Pomaro’s father ultimately rescued her, she said.

However, neither of the two off-duty troopers who were at the party testified that they were aware of any other fight, said Worcester Assistant District Attorney Edward N. Karcasinas Jr., adding that there are “credibility issues with some of the evidence,” The Worcester Telegram & Gazette reports.

Benoit was released from custody following Wednesday’s hearing. He was suspended with pay indefinitely at his status hearing at state police headquarters in Framingham Thursday, a spokesman for the Massachusetts State Police told the paper.

State police spokesman David Procopio said there is an investigation in progress to determine if anyone else will be charged in the case.

“There are no imminent charges forthcoming against anyone else at this time, but the criminal investigation is ongoing, Procopio wrote The Worcester Telegram & Gazette in an email.

“All facts and circumstances remain subject to the ongoing investigation. The result of that investigation will determine if charges are warranted against anyone else.

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