Felony Charge Against Boston Police Officer Reinstated After Hearing

BOSTON, June 15, 2021—A judge sitting in the Dorchester Division of the Boston Municipal Court today allowed a motion by District Attorney Rachael Rollins’ office to reconsider an earlier decision to dismiss the charges based on a misrepresentation and misreading of relevant case law.  As a result, Boston Police Officer ALEXIS HERRERA-BREA has been ordered to appear in court for arraignment on a felony charge of assault and battery with a dangerous weapon on June 30, 2021. 

In his ruling, Judge Paul Tressler stated that “[t]he court relied on erroneous misrepresentations” in allowing a handwritten motion to dismiss that was filed by Officer Herrera-Brea’s private defense attorney at the officer’s original arraignment date on June 8, 2021.  Upon realizing the error prior to outside inquiry, Suffolk prosecutors swiftly filed a motion to reconsider, which was argued before Judge Tressler earlier today.  Judge Tressler issued his handwritten findings allowing the Commonwealth’s motion late this afternoon thus reinstating the complaint and then scheduling the arraignment. 

“Today’s decision corrects an obvious error.  I’m grateful that the Court was willing to act swiftly and in the interests of justice to appropriately address this matter,” District Attorney Rollins said.  “As I have said before, my office has every intention of pursuing the criminal charges in question.  The charges have now been reinstated, clearing the way for arraignment to take place later this month.  We will also be working with probation regarding the violation this latest arrest triggered.” 

All charged individuals are presumed innocent until proven guilty beyond a reasonable doubt. 

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.