Post by WaTcHeR on Jan 14, 2007 18:04:03 GMT -5
01.14.2007 - LEOMINSTER -- Police Officer Michael DeLuca is no longer facing an assault and battery charge in connection with the arrest he made of a member of a hardcore punk-rock band in August.
"I understand the charges have been withdrawn, and that's great," Police Chief Peter Roddy said Friday.
Police arrested three band members after a brawl at a concert in a rented hall at the Unitarian Universalist First Church at 15 West St. on Aug. 12.
DeLuca arrested Joseph Barrett, 22, of 183 Temple St., Whitman, and Barrett later claimed the officer used too much force.
DeLuca's report from the incident said he "used the force necessary" to apprehend Barrett.
An assistant clerk magistrate at Leominster District Court had issued the charge against DeLuca after a show-cause hearing, and DeLuca was scheduled to be arraigned this week.
But the charge was withdrawn beforehand, Roddy said.
Tim Connolly, a spokesman for Worcester County District Attorney Joseph Early Jr., said late Friday afternoon that he did not know why the charge was withdrawn.
The court documents pertaining to the case never became public record because DeLuca was never arraigned.
Roddy said he didn't know exactly why the charge was withdrawn either.
"I'm sure it was part of an agreement," he said.
Prosecutors on Wednesday dropped the charges against Barrett stemming from the arrest, according to court documents.
Court officials dismissed a charge of trespassing and resisting arrest and continued a charge of disorderly conduct without a finding for six months -- meaning the charge will be dismissed if Barrett is not arrested again in the next six months -- according to court documents.
Roddy stood behind his officer the entire time the charge had been pending, and he previously said an internal investigation found that no excessive force was used.
The chief said Friday he is relieved DeLuca no longer has to deal with the matter.
"The job is tough enough without having to have something like this hanging over your head," he said. "You just want to get this behind you and let the officer get back to just worrying about the public."
Neither Barrett, nor his lawyer, Paul W. McDonough of Boston, could be reached for comment Friday.
DeLuca's report from the brawl said the organizer of the show asked police to disperse the crowd after a fight broke out in the mosh pit and spilled outside.
DeLuca saw Barrett struggling with Sgt. George Bruwer, after Bruwer pepper sprayed Barrett's face, according to the report.
The musician broke away from the sergeant and fled on foot into Monument Square, where DeLuca caught up to him and "used the force necessary to bring Mr. Barrett to the ground," according to the report.
Barrett fought with DeLuca and two other officers, punching DeLuca in the chest at one point, according to the report.
It took the officers about a minute and a half to finally handcuff Barrett, according to the report.
"Any injury Mr. Barrett sustained was a byproduct of his own aggression toward all patrol units," DeLuca wrote.
Barrett fled a second time after police took him to the station in handcuffs, according to police reports.
He ran through the parking lot behind the station and crossed Main Street, making it to the Bank of America parking lot before he "was brought down to the ground" by officers "using all force necessary," according to a report by Officer Ryan Malatos.
Barrett also kicked an officer while he was on the ground, according to Malatos' report.
www.sentinelandenterprise.com/ci_5008527
"I understand the charges have been withdrawn, and that's great," Police Chief Peter Roddy said Friday.
Police arrested three band members after a brawl at a concert in a rented hall at the Unitarian Universalist First Church at 15 West St. on Aug. 12.
DeLuca arrested Joseph Barrett, 22, of 183 Temple St., Whitman, and Barrett later claimed the officer used too much force.
DeLuca's report from the incident said he "used the force necessary" to apprehend Barrett.
An assistant clerk magistrate at Leominster District Court had issued the charge against DeLuca after a show-cause hearing, and DeLuca was scheduled to be arraigned this week.
But the charge was withdrawn beforehand, Roddy said.
Tim Connolly, a spokesman for Worcester County District Attorney Joseph Early Jr., said late Friday afternoon that he did not know why the charge was withdrawn.
The court documents pertaining to the case never became public record because DeLuca was never arraigned.
Roddy said he didn't know exactly why the charge was withdrawn either.
"I'm sure it was part of an agreement," he said.
Prosecutors on Wednesday dropped the charges against Barrett stemming from the arrest, according to court documents.
Court officials dismissed a charge of trespassing and resisting arrest and continued a charge of disorderly conduct without a finding for six months -- meaning the charge will be dismissed if Barrett is not arrested again in the next six months -- according to court documents.
Roddy stood behind his officer the entire time the charge had been pending, and he previously said an internal investigation found that no excessive force was used.
The chief said Friday he is relieved DeLuca no longer has to deal with the matter.
"The job is tough enough without having to have something like this hanging over your head," he said. "You just want to get this behind you and let the officer get back to just worrying about the public."
Neither Barrett, nor his lawyer, Paul W. McDonough of Boston, could be reached for comment Friday.
DeLuca's report from the brawl said the organizer of the show asked police to disperse the crowd after a fight broke out in the mosh pit and spilled outside.
DeLuca saw Barrett struggling with Sgt. George Bruwer, after Bruwer pepper sprayed Barrett's face, according to the report.
The musician broke away from the sergeant and fled on foot into Monument Square, where DeLuca caught up to him and "used the force necessary to bring Mr. Barrett to the ground," according to the report.
Barrett fought with DeLuca and two other officers, punching DeLuca in the chest at one point, according to the report.
It took the officers about a minute and a half to finally handcuff Barrett, according to the report.
"Any injury Mr. Barrett sustained was a byproduct of his own aggression toward all patrol units," DeLuca wrote.
Barrett fled a second time after police took him to the station in handcuffs, according to police reports.
He ran through the parking lot behind the station and crossed Main Street, making it to the Bank of America parking lot before he "was brought down to the ground" by officers "using all force necessary," according to a report by Officer Ryan Malatos.
Barrett also kicked an officer while he was on the ground, according to Malatos' report.
www.sentinelandenterprise.com/ci_5008527