Suffolk DA, Transit Police Chief
Charge Officer and Two Supervisors in
Beating, Civil Rights Violation, and
Cover-up
BOSTON, March 6,
2019—Suffolk County District Attorney Rachael Rollins and MBTA Transit Police
Chief Kenneth Green today announced indictments against a former police officer
who allegedly beat a homeless man and two sergeants accused of assisting him in
covering up the excessive and unlawful use of force.
“The conduct
alleged in these indictments is unacceptable at every level,” District Attorney
Rollins said. “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. Actions like these undermine
the hard work of countless honest, professional police officers and seriously
erode trust in law enforcement. Crimes against public integrity are some of the
most important that my office can bring on behalf of victims and our community,
and I take them extremely seriously.”
“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,” Chief Green said.
“However I refuse to allow the corrupt actions of these individuals to tarnish
the vast majority of the men and women of the Transit Police who day in and day
out wear their badges and perform their duties with honor and integrity.”
Based on a
lengthy investigation by Transit Police detectives and Suffolk County
prosecutors, the Suffolk County Grand Jury today returned indictments charging
former Transit Police Officer DORSTON BARTLETT, 65, of Lynn with assault and
battery with a dangerous weapon and violating a person’s civil rights for allegedly
using his baton to strike a 32-year-old homeless man multiple times at Ashmont
station in the early morning hours of July 27, 2018.
The indictments
also charge Bartlett with misleading a police officer for allegedly giving
false statements to two Boston Police officers who later 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.
The Suffolk
County Grand Jury returned additional indictments charging Bartlett, Sergeant
DAVID FINNERTY, 43, of Rutland and Sergeant KENNY ORCEL, 55, of Chelmsford with
making a false report as a public officer or employee, and additionally
indicted Finnerty and Orcel as accessories after the fact to assault and battery
with a dangerous weapon. These charges 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.
At the time of
the offenses, Finnerty was the shift officer in charge and Orcel was the shift
patrol supervisor; both were placed on leave – and Bartlett retired – last year
in the course of the investigation.
The 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. Later the same morning, a member of the Transit
Police command staff learned of Bartlett’s use of force and reviewed both a
preliminary draft of that report and video from public safety cameras at
Ashmont station. Based on his observations, he ordered the victim released from
custody, charges did not issue, and the criminal investigation was launched.
Myriah Young is
the DA’s victim-witness advocate assigned to the case. Bartlett, Finnerty, and
Orcel are expected to appear for arraignment on March 27.
