Former TPD Officer Changes Plea in Civil Rights Case
BOSTON, April 28, 2022— A former MBTA Transit Police officer yesterday entered a plea to charges he violently assaulted a man who refused to exit a bus and then filed a false report to cover up his actions, District Attorney Kevin Hayden said.
“The actions of one officer can sow seeds of distrust in our entire system. I’m grateful to the Transit Police Department for their immediate actions to hold a member of their own ranks accountable and to ensure the wellbeing of the public they serve,” Hayden said following Officer NICHOLAS MORRISSEY plea yesterday to charges of violating the then 63-year-old victim’s civil rights, assault and battery, assault and battery with a dangerous weapon and filing a false report.
During a lobby conference in Suffolk Superior Court yesterday, ADA Kevin Bergin of Hayden’s Special Prosecutions Unit and Morrissey’s defense attorneys presented disparate sentencing recommendations. Prosecutors argued that a guilty finding should be entered and Morrissey should face a term of one year in the Suffolk County House of Correction, suspended for a probationary period of three years. Attorneys representing Morrissey recommended that the charges be continued without a finding, which would result in a dismissal of the charges in the event Morrissey successfully completes a period of probation.
Judge Michael Doolin entered a continuance without a finding for a period of 18 months. During that time, Morrissey is required to stay away from and have no contact with the victim and may not seek or accept any position related to law enforcement. Doolin cited Morrisey’s resignation from TPD as a form of taking responsibility for his actions, as well as his military service in reaching the sentencing decision.
Had the case proceeded to trial, Bergin would have presented evidence and testimony to prove that Transit Police were called to Forest Hills MBTA station for a report of an intoxicated homeless man who refused to depart from a bus that had completed its route on April 28, 2021. Morrissey was the first officer to arrive at the location. He dragged the victim from the bus on the Forest Hills busway. Morrissey forcibly held the man face-down on the ground with a knee on his back for 20 seconds, pushed his head into the pavement and later dragged him out of the bus lane. The victim suffered abrasions to his face that required a response from Boston EMS.
A second officer arrived at the scene after these events transpired. That officer, who was familiar with the victim through previous interactions, noted that the victim was bleeding from the forehead and appeared more agitated than any of their prior interactions. Unaware of the assault by his colleague, the second officer began speaking with the victim in an effort to de-escalate the situation until an ambulance arrived.
A TPD superintendent had listened to the radio transmissions on the call in real-time as the events occurred and became concerned by the need for medical assistance. He later checked for a use-of-force report, which should have been filed in accordance with the department’s policy, and found none.
Morrissey filed a report on the incident stating that the victim lost his balance while attempting to spit at him. Morrissey said he grabbed the man by the shoulders and redirected him before the man fell through the bus door and hit his forehead on the pavement. The allegations contained in the report were disproven by the evidence, which included security video and witness statements.
Morrissey resigned from his position before any disciplinary action could take place. He was represented by attorneys Robert Jubinville and Terrence Kennedy.
James Borghesani, Chief of Communications
All charged individuals are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Suffolk County District Attorney Kevin Hayden’s office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 20,000 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 legal 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.