$20k Bail for
Defendant in Alleged Hate Crime
BOSTON, Dec. 16, 2016—A Malden man
remains held on bail following his indictment on hate crime charges for
allegedly beating a man with a brick in a bias-motivated assault, Suffolk
County District Attorney Daniel F. Conley said.
STEPHEN FUSCO (D.O.B. 8/28/67) of
Malden was arraigned today in Suffolk Superior Court on charges of violating a
person’s civil rights, assault and battery with a dangerous weapon, and assault
and battery with the intent to intimidate based on nation of origin. At
the request of Assistant District Attorney Christina Miller, Conley’s point
prosecutor for civil rights violations, Clerk Magistrate Edward Curley set bail
in the amount of $20,000.
Fusco has remained held on $20,000
bail since his Aug. 5 arraignment in Boston Municipal Court. A Suffolk
County grand jury indicted Fusco in connection with the case on Nov. 8.
Today’s arraignment transfers the case from Boston Municipal Court to Suffolk
Superior Court, where it will be adjudicated.
Miller told the court that shortly
after 5:00 p.m. on Aug. 4, Fusco approached the 32-year-old victim on the
commuter rail platform at North Station. After questioning the victim
about where he was from and whether he spoke English, Fusco allegedly struck
the victim in the head with a brick, causing him to fall into the back of a
stopped commuter rail train.
The assault was witnessed by three
Keolis employees who detained Fusco until Transit Police arrived. Fusco
had blood on his hands when approached by officers and allegedly made
post-Miranda statements that he used a brick to strike the victim because his
hand hurt from having hit another person earlier that day, prosecutors said.
The victim suffered a five-inch
gash to his forehead and lacerations to his nose. He was transported to
Massachusetts General Hospital for treatment.
“There is no room for this kind of
behavior in civilized society,” Conley said. “Everyone has
the right to feel safe and secure, no matter who they are, where they’re from,
how they worship, or what language they speak. Violating those rights is
a crime we take seriously in Boston and Suffolk County. I want to thank the
civilian witnesses and Transit Police officers who stepped in to help the
victim and took action to identify the assailant.”
Erica Baganza is the DA’s assigned
victim-witness advocate. Fusco was represented by Arnold Abelow. He
returns to court February 9.
Transit Police Superintendent Richard Sullivan echoed DA Conley's statement, " The Transit Police Department is committed to safeguarding the constitutional rights of all individuals regardless of their race, ethnicity, religious beliefs, sexual orientation or gender identity. We will vigorously pursue anyone who commits such despicable acts on the MBTA. Chief Green and I want to thank our most valued partners at the Suffolk County District Attorney's Office for their ardent prosecution of this case and our dedicated detectives and officers for their tireless efforts to ensure the defendant is held responsible".