Federal agents arrested a former MBTA police sergeant Thursday morning for allegedly falsifying police reports to cover for another officer who pleaded guilty to assaulting a man in July 2018.
The case against David Finnerty, 47, of Rutland, pitted top brass at transit police against Suffolk County District Attorney Kevin Hayden, whose office was prosecuting Finnerty before dropping the charges last fall, just before it was scheduled to go to trial.
Federal prosecutors indicted Finnerty on two counts of filing false reports. He is scheduled to appear in a federal courtroom in Boston at 11:30 a.m., according to a court calendar.
“Our office holds the men and women who wear police uniforms and serve our communities in the highest regard. Instances of police misconduct are rare, but they need to be investigated and prosecuted when they do happen, especially when supervisors are involved as alleged here,” said Acting U.S . Attorney for Massachusetts Joshua Levy.
An arrest warrant was signed Wednesday by Magistrate Judge Paul Levenson. Finnerty is represented by Attorney Bradford Bailey, according to court records, who did not immediately respond to an emailed request for comment.
FBI Boston Special Agent in Charge Jodi Cohen said Finnerty violated his oath by filing false reports.
“We believe Sgt. Finnerty not only failed to lead by example, but betrayed the trust placed in him by his fellow officers, and the public, Cohen said in a statement. “Make no mistake, the FBI will do everything we can to help our law enforcement partners bring to justice anyone who violates their oath by trying to cover up civil rights violations, overshadowing the majority of officers who are dedicated, honest, and fully committed to enforcing our laws and building trust within their communities.”
Prosecutors said Finnerty was the transit police officer in charge and the supervisor of Officer Dorston Bartlett when Bartlett physically assaulted Anthony Watson at the Ashmont MBTA Station on July 27, 2018.
Bartlett pleaded guilty and was sentenced to probation related to charges stemming from the assault in Suffolk County Superior Court last year.
Finnerty is accused of falsifying an arrest report and a shift briefing regarding Bartlett’s alleged assault of Watson “specifically, by including false and misleading statements and by omitting material information,” prosecutors said.
In court documents from a separate federal case against Bartlett, prosecutors said the officer “unlawfully used force against” Watson.
“When Mr. Watson tried to report Officer Bartlett’s alleged assault, Officer Bartlett arrested Mr. Watson and assaulted him again,” court documents said.
On the day of the alleged assault, defense lawyers said Watson, who was homeless at the time, fell asleep on a Red Line train after drinking alcohol. After MBTA employees unsuccessfully tried to wake Watson when the train pulled into Ashmont Station, Bartlett responded, court documents said.
Bartlett woke Watson and “gripped Mr. Watson’s right arm with his left hand. Mr. Watson protested,” court documents said. Bartlett then held his “fully extended metal baton in his right hand” as Watson walked at a slower pace, court documents said.
“Suddenly Officer Bartlett pushed Mr. Watson and held him against a pillar. Mr. Watson dropped his backpack,” defense lawyers wrote. “Officer Bartlett raised his metal baton, cocked his arm back, and swung the baton at Mr. Watson, hitting him in the shin/ankle area. Then Officer Bartlett struck Mr. Watson with the baton two more times.”
The events were recorded by MBTA surveillance cameras, court documents said.
Watson asked a passerby to call 911 on his behalf to report the alleged assault, court documents said. A radio call went out to local Boston police to help, which Bartlett heard, according to court documents.
“He turned his car around and drove back towards the station. He falsely told the Boston officers that he had been looking for Mr. Watson to arrest him because Mr. Watson had assaulted him on the train,” court documents said.
Bartlett took custody of Watson, who was handcuffed and brought to a transit police station, court documents said.
“In front of several other transit police officers, Officer Bartlett assaulted Mr. Watson again,” court documents said.
Finnerty and Sergeant Kenny Orcel are then accused of ignoring Watson’s statements and assisting Bartlett in “drafting a false police report to justify Officer Bartlett’s actions.”
“Had Sergeants Finnerty and Orcel behaved properly, Mr. Watson would have been released from custody,” court documents said. “Instead, Mr. Watson was placed in cell at the TPD station. He remained in the cell for 7 hours. While in the cell, Mr. Watson experienced emotional anguish and physical pain from the assaults. He also had gastric distress, for which he takes medicine. The TPD officers failed to provide him with his medication or take any steps to help him.”