SCDAO Statement on June 8, 2021 Arraignment of BPD Officer Alexis Herrara-Brea

BOSTON, June 9, 2021— The Suffolk County District Attorney’s Office late this afternoon filed a motion to reconsider the pre-arraignment dismissal of an assault and battery with a dangerous weapon charge against Boston Police Officer Alexis Herrera-Brea.  Our office intends to proceed with this felony prosecution.

Late yesterday afternoon, Officer Herrera-Brea was arrested and brought to the Dorchester Division of the Boston Municipal Court. His privately retained counsel produced a hand-written Motion to Dismiss citing one Supreme Judicial Court case.  Unbeknownst to the Commonwealth at that time, the defense attorney misrepresented what that case stated.

Upon receipt of the handwritten Motion, the Commonwealth asked the Court for time to review the caselaw to better determine our position. The Judge would not allow the time requested, giving the Commonwealth  minutes to do its research as the Court and defendant waited.  In hast, the Commonwealth pulled the case up on a cellphone and saw the Massachusetts Appeals Court case finding, which found pavement cannot be a dangerous weapon, but not the Supreme Judicial Court case a year later overruling the Appeals Court.  A judge in the Dorchester Division of the Boston Municipal Court then allowed the defendant’s Motion to Dismiss the felony charge of assault and battery with a dangerous weapon prior to the arraignment. 

Upon returning from Court, the Commonwealth conducted further research and realized the misrepresentation by defense counsel and the error it had made hastily researching while in court. 

Today, we filed a motion for reconsideration that states “[t]he handwritten motion filed by defense counsel cited an SJC case and argued that said case ‘holds that under the circumstances alleged in the police report, the pavement cannot be a dangerous weapon.’’’  Further, that “[t]he Commonwealth asked for time to research the issue but with extremely limited time permitted by the Court and without proper access to review and research this issue, the Commonwealth improperly relied on the verbal and written statements of defense counsel and inadvertently relied upon Commonwealth v. Sexton, 41 Mass. App. Ct. 676 (1996) instead of Commonwealth v Sexton, 425 Mass. 146, 152 (1997).’’

Based on additional review of the case law yesterday, Suffolk prosecutors believe that there is support for the charge of ABDW in this instance and filed today’s motion to reconsider the dismissal of the felony charge.  Alternatively, the office is prepared to seek the issuance of a new criminal complaint on this offense. 

“We have every intention of pursuing criminal charges in connection with this domestic violence allegation.  In this case, the legal standard suggested by defense counsel had been overturned and we didn’t catch his error.  Additionally, insufficient time was allowed by the Court to review the Motion to Dismiss and the legal precedent cited,’’ said District Attorney Rachael Rollins.

“This was an unfortunate misstep that was immediately noticed and corrected prior to any outside inquiry.  Officer Herrara-Brea was on probation for an act of violence when he allegedly committed this new violent act. That is unacceptable conduct by a member of law enforcement.  I have taken immediate steps to resolve this issue and we stand prepared to assist the Department of Probation in the matter of Officer Herrara-Brea’s blatant probation violation,” District Attorney Rachael Rollins said.

Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 25,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.