The off-duty MBTA Transit police officer accused of pulling out a gun on a civilian after which coming again to the scene to write down up a quotation on that particular person shouldn’t be charged within the case, a particular prosecutor wrote to the Suffolk DA’s Office.
Special Assistant DA Glenn Cunha, a former Massachusetts inspector basic, instructed DA Kevin Hayden in a letter this week that he has withdrawn the Mattapan MBTA police investigation as a result of a prosecutor couldn’t show the prison offenses. Those potential costs included assault via a harmful weapon and deceptive a police investigation.
The case involving MBTA Transit cops shook up Hayden’s run for workplace final 12 months following allegations in The Boston Globe that he appeared the opposite means and wasn’t pursuing the investigation. Hayden has repeatedly insisted he and his workplace didn’t act inappropriately, and that they continued to analyze the incident.
“The Suffolk County District Attorney’s office was always committed to pursuing this case to its conclusion, and any assertion otherwise is demonstrably false,” the DA’s Office stated in an announcement on Tuesday. “The particular prosecutor was appointed instantly following, and solely as a consequence of, a September 7 put up on the official MBTA Police Twitter web site that brought on our workplace to query if we might obtain the cooperation required to correctly examine the allegations.
“Any assertion that media or public pressure played a role in the special prosecutor appointment decision is false,” the DA’s Office added.
Cunha in a letter to Hayden on Monday wrote that he had completed the probe into the April 2021 incident close to the Mattapan MBTA station involving Jason Leonor Cedeno and former MBTA police officer Jacob Green.
“I have determined that the Suffolk County District Attorney’s Office should not bring charges in this case, as the evidence is insufficient to sustain the Commonwealth’s burden of proof on any state crimes,” Cunha wrote.
According to the investigation, Cedeno was driving on Blue Hills Parkway in Milton heading towards Dorchester at round 3 p.m. as he returned from a memorial service in Brockton. Then-MBTA cops Green and Kevin Davis, a witness, had been touring in the identical route on Blue Hills Parkway on their technique to a shift on the Mattapan MBTA station.
Green and Davis instructed investigators that Cedeno was driving above the pace restrict and driving erratically by continuously altering lanes and slicing in entrance of Green at a pink mild on the intersection of Blue Hills Parkway and Eliot Street. While stopped on the pink mild, Green took a photograph of Cedeno’s license plate.
Cedeno noticed this and received out of his automobile, approaching Green’s automobile whereas waving his arms and asking Green, “Why are you taking my photo?”
Green rolled down his window, by no means recognized himself as a police officer, and stated, “Get the (expletive) back.”
Then Cedeno noticed that Green had a gun on his lap pointing in his route. Cedeno returned to his automobile and referred to as 911, whereas Green used his MBTA police-issued radio to contact an MBTA police automobile exterior the
Mattapan station to cease Cedeno’s automobile.
While Cedeno was on the telephone with the dispatcher, an MBTA police officer pulled him over. As the MBTA
officer reviewed Cedeno’s license and registration, Cedeno noticed the one who was within the automobile behind him on the pink mild approaching his automobile: It was Green, wearing a police uniform.
Cedeno stated on the 911 recording, “That was you. So, why’d you pull out a gun on me?” Green proceeded to write down a quotation to Cedeno for unsafe lane change. The quotation was later dismissed.
“There are certainly troubling aspects of Green’s police report including that he returned to the scene and that he issued Cedeno a citation,” Cunha wrote within the letter.
Following this incident, Green was positioned on administrative go away with pay pending a Civil Service disciplinary listening to. Before his listening to, Green resigned from MBTA Transit Police on Sept. 2, 2022.
After a Civil Service disciplinary listening to on May 23, 2022, Davis was terminated for six causes, together with conduct unbecoming, failure to behave and deceptive an investigation/untruthfulness.
In his conclusion, Cunha wrote, “While I concluded that no state criminal charges are warranted, the actions of Jacob Green and Kevin Davis fall below the expectations we have for law enforcement officers.”
Source: www.bostonherald.com”