BOSTON (WHDH) - A former Transit police officer who allegedly beat a homeless man at an MBTA station over the summer and two sergeants accused of assisting him in covering up the “excessive and unlawful use of force” have been indicted on several criminal charges, Suffolk District Attorney Rachael Rollins announced Wednesday.
A Suffolk County Grand Jury returned indictments charging officer Dorston Barlett, 65, of Lynn, with assault and battery with a dangerous weapon and violating a person’s civil rights for allegedly using his baton to beat a 32-year-old homeless man at Ashmont Station on July 27.
The indictments also charge Bartlett with misleading investigators for allegedly giving false statements to two Boston police officers who responded to the scene, as well as assault and battery for allegedly grabbing and pushing the victim during the booking process that followed his arrest.
Sgt. David Finnerty, 43, of Rutland, and Sgt. Kenny Orcel, 55, of Chelmsford, were indicted on charges including making a false report as a public officer or employee, and being accessories after the fact to assault and battery with a dangerous weapon.
The charges that Finnerty and Orcel face stem from the alleged collusion among all three to create a false incident report on Bartlett’s encounter with the victim in the hours following the assault, according to investigators.
“The conduct alleged in these indictments is unacceptable at every level,” Rollins said in a statement. “The charges reflect an unprovoked armed assault by a uniformed officer on a vulnerable member of our community, followed by a joint venture with supervising officers to cover up that crime.”
At the time of the incident, Finnerty was the shift officer in charge and Orcel was the shift patrol supervisor. Both were placed on leave. Barlett has since retired.
Evidence suggests that Bartlett arrested the victim after the assault and attempted to charge him with assault and battery on a police officer. In support of that charge, Finnerty allegedly drafted a report that was submitted by Bartlett and ultimately approved by Orcel.
A member of the Transit Police Department command staff is said to have learned of Bartlett’s use of force and reviewed both a preliminary draft of the report and video from public safety cameras at Ashmont Station. Based on his observations, investigators concluded that he ordered the victim released from custody, charges did not issue, and the criminal investigation was launched.
In a statement, MBTA Transit Police Chief Kenneth Green said, “Words cannot express the extreme disappointment I have in the officers who violated the victim and the public’s trust in such an egregious manner.”
All three men are due in court on March 27.
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