Tuesday, March 18, 2014

Statement from Suffolk DA Conley regarding Broadway Assault

                 Suffolk County District Attorney Daniel F. Conley

                        One Bulfinch Place, Boston, MA 02114-2921


Four Arraigned in Subway Beatings


BOSTON, March 18, 2014—Three men and a woman were arraigned yesterday for their roles in the March 9 beatings of a 40-year-old man and a group of teens who came to his defense – including one alleged perpetrator on probation for an earlier, unprovoked beating, Suffolk County District Attorney Daniel F. Conley said today.

Arraigned today in South Boston Municipal Court were:

1.       MICHAEL DAVIS (D.O.B. 1/30/78) of Quincy, charged with one count each of assault and battery and assault and battery with a dangerous weapon;

2.      PATRICK J. JOYCE (D.O.B. 8/17/89) of Dorchester, charged with three counts of assault and battery and one count of assault and battery with a dangerous weapon;

3.      KEVIN McCARTHY (D.O.B. 12/2/92) of South Boston, charged with one count each of assault and battery and assault and battery with a dangerous weapon; and

4.      KRISTINE MULLEN (D.O.B. 8/4/93) of South Boston, charged with one count each of assault and battery and assault and battery with a dangerous weapon.

A fifth suspect has been identified as a 20-year-old South Boston man and is expected to appear for arraignment on assault and battery charges on March 21.

The defendants surrendered themselves to MBTA Transit Police last week amid the ongoing investigation. They posted bails ranging from personal recognizance to $500 after their arrests and yesterday walked into court, where Assistant District Attorney William Champlin recommended additional cash bail for a total of $1,000 bail each along with orders that they have no contact with the victims and witnesses, stay away from all MBTA property, and remain alcohol-free.

Prosecutors also notified the Probation Department of Joyce’s and McCarthy’s arrests in an effort to have them held pending surrender hearings because they are both on probation for serious offenses: Joyce for motor vehicle homicide in Norfolk County and McCarthy for aggravated assault and battery with a dangerous weapon in Suffolk County.

Judge Michael Bolden declined to order additional bail for any defendant, releasing Davis and Mullen on personal recognizance, Joyce on $400, and McCarthy on $500. Bolden imposed the stay-away and no-contact orders but not the order to remain alcohol-free.

McCarthy was convicted last year of taking part in the group beating of three men in the early morning hours of May 8, 2011. Suffolk prosecutors recommended three to five years in state prison followed by probation at his sentencing; a Suffolk Superior Court judge imposed two years in a house of correction with six months to serve and the balance suspended for two years. He and his co-defendants in that case shouted at the victims, “You [expletive] yuppie, you’re not from Southie” while beating them.

The defendants in this most recent case are accused of attacking a 40-year-old man and then the group of five Rhode Island teens, ages 14 through 18, when they attempted to help that victim. The older victim was transported to Tufts Medical Center with serious injuries. The teens were treated by Boston Emergency Medical Services at Broadway station but did not require hospitalization.

The ongoing investigation by MBTA Transit Police suggests that the incident was sparked by a brief exchange of words between the 40-year-old victim and the defendants’ group. That led to a physical attack by the defendants on that victim. When the younger victims stepped in to break up the attack, they, too, were attacked, the evidence suggests.

Transit Police utilized witness statements, footage from surveillance cameras, and video shot by passengers to develop the case. They released certain of that evidence to the public last week, leading the defendants to surrender themselves on Friday and Saturday.

“Transit Police recognized the seriousness of this case and the importance of identifying the attackers,” Conley said. “Fortunately, they had the help of multiple civilian witnesses who stepped forward to assist in the investigation. Those good men and women represent who we are in Boston, and I want to thank them.”

Davis, Joyce, McCarthy, and Mullen are represented by attorneys Robert Menton, Keith Nicholson, Craig Mulcahey, and David Mullen, respectively. They will return to court on May 23.

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