BOSTON (MyFoxBoston.com) -- A former Chelsea police officer admitted to punching a man in custody and lying about his arrest in a courtroom Tuesday.
Felix Rivera, Jr., 34, of Lynn pleaded guilty to assault and battery and filing a false report as a public employee. The DA's office recommended three years of probation and asked for a felony conviction for injuring the victim and violating his civil rights, but a judge continued that charge without a finding. Rivera was ordered to stay away from the victim, take part in an anger management program, as well as undergo a mental health evaluation, completing any treatment recommended to him. If he obliges to all of those conditions, the court will dismiss that charge in two years.
“We maintain that a felony conviction was appropriate to these facts,” the district attorney said. “This wasn’t police work. It was criminal conduct. It was clear throughout our investigation that Chief Kyes and his team shared that perspective and took this case extremely seriously. There’s no room in law enforcement for an officer who would beat a handcuffed suspect or lie in a report.”
If the case went to trial, the assistant district attorney said he had evidence to prove that Rivera was one of several Chelsea Police officers who responded to the back of 155 Chestnut St. on Sept. 26, 2014, for the report of a man with a gun. The then 20-year-old victim was at the scene with several officers along with a supervising officer who was interfering with the investigation, police said. That supervisor told the other officers to place the man into protective custody as he appeared to be intoxicated. As the handcuffed victim was being escorted away, Rivera hit him four times in the face and knocked him to the ground, police say.
The victim suffered a cut on his lip, an abrasion to his forehead, and a malalignment of the jaw. His attorney said in court Tuesday that the victim still suffers from blurry vision.
None of the other officers present hit the victim and one attempted to stop Rivera.
After the incident, Rivera wrote in the police report that the victim pushed another officer and was only taken to the ground in order for the officers to regain control.
The victim was arraigned on Sept. 29, 2014, on charges of assault and battery on a police officer, disorderly conduct, and resisting arrest. He was released on his own recognizance. Earlier this year, the victim’s attorney brought the case to Suffolk prosecutors along with a video clip shot by an unknown witness that contained proof that the charges were false and that the victim was in fact assaulted by an officer.
After an investigation, the charges against the victim were dropped.
Rivera was placed on administrative leave without pay after being indicted. He resigned from the department in September.
Cox Media Group