Former MBTA Transit Police officer, 2 sergeants accused in assault, cover-up

A former MBTA Transit Police officer and two sergeants were charged after the alleged beating of a homeless man, according to Suffolk County District Attorney Rachael Rollins and MBTA Transit Police Chief Kenneth Green.

Rollins said the former officer, 65-year-old Dorston Bartlett of Lynn, was charged with assault and battery with a dangerous weapon and violating a person's civil rights after he allegedly used his baton to strike a 32-year-old homeless man multiple times at the Ashmont station on July 27, 2018.

Bartlett was also charged with misleading a police officer for allegedly giving false statements to two Boston Police officers who later responded to the scene, and assault and battery for allegedly grabbing and pushing the victim during the booking process after his arrest.

“The conduct alleged in these indictments is unacceptable at every level,” Rollins said. “The charges reflect an unprovoked armed assault by a uniformed officer on a vulnerable member of our community, followed by a joint venture with supervising officers to cover up that crime."

One of Bartlett's neighbors was taken back by the allegations.

"He’s a very nice man," Bartlett said. "He’s been a good neighbor, and friendly to everyone. So, I’m surprised."

Bartlett, along with 43-year-old Sergeant David Finnerty of Rutland and 55-year-old Sergeant Kenny Orcel of Chelmsford, were also charged with making a false report as a public officer or employee.

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Finnerty and Orcel were also indicted as accessories after the fact to assault and battery with a dangerous weapon, stemming from alleged collusion between all three to create a false incident report after the alleged beating.

"Actions like these undermine the hard work of countless honest, professional police officers and seriously erode trust in law enforcement," Rollins said. "Crimes against public integrity are some of the most important that my office can bring on behalf of victims and our community, and I take them extremely seriously.”

At the time of the incident, Finnerty was the shift officer in charge and Orcel was the shift patrol supervisor, and both were placed on leave.

Bartlett retired during the course of the investigation.

Authorities say evidence shows Bartlett arrested the victim after the assault and tried to charge him with assault and battery on a police officer.

“Words cannot express the extreme disappointment I have in the officers who violated the victim and the public’s trust in such an egregious manner,” Green said.

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Finnerty allegedly drafted a report submitted by Bartlett, which was ultimately approved by Orcel.

Later in the day, a Transit Police command staff member learned about Bartlett's use of force, and after reviewing a preliminary draft of the report and public safety camera video, the victim was released from custody with no charges issued, and the investigation was launched.

The three are expected to appear for arraignment on March 27.

Cox Media Group