BOSTON, Jan. 13, 2016—A former MBTA Transit Police officer was taken into custody following her arraignment today for allegedly using excessive force during an arrest and then lying in reports documenting the incident, Suffolk County District Attorney Daniel F. Conley said.
JENNIFER GARVEY (D.O.B. 9/28/82) of Wilmington was held on the $1000 cash bail recommended by Assistant District Attorney Michele Granda, chief of Conley’s Special Prosecutions Unit, following her Suffolk Superior Court arraignment on charges of causing injury while violating a person’s civil rights, assault and battery with a dangerous weapon, assault and battery, and two counts of filing a false report.
Should she post bail, Garvey must surrender her passport, surrender all firearms and not acquire any new firearms, remain alcohol-free, submit to random alcohol testing, report to probation officers weekly, and comply with other conditions set by the court.
Garvey was a uniformed Transit Police officer on March 26, 2014, when she and others responded to a call to assist an intoxicated passenger off of a bus at Dudley Station. After the passenger was placed on a bench and handcuffed, the victim – an adult female bystander – approached the scene because she recognized the intoxicated person as a fellow commuter with whom she had interacted in the past.
The victim initially encouraged the woman to comply with Garvey’s commands, but soon expressed concern that Garvey was being verbally abusive and overly forceful. At this stage, Granda told the court, Garvey allegedly told the victim to leave or be arrested for interfering with the investigation.
The victim continued her verbal advocacy on behalf of the woman and eventually asked for Garvey’s badge number and began to call 911. Garvey provided the victim with her badge information and placed her hand on the victim, telling her that she would be “sprayed” if she didn’t move away.
The victim complied and remained on the phone with a 911 operator, expressing frustration that Garvey continued to push her even though she was moving back as ordered. As she did so, Garvey allegedly sprayed her twice in the face with her issued pepper spray. One of the other officers, who had been attending to the intoxicated passenger, became aware of the conflict between Garvey and the victim and moved to assist Garvey. During the struggle that followed, Garvey allegedly drew her baton and struck the victim three times in the legs. The victim was placed under arrest.
After the arrest, Garvey allegedly completed two reports. The first was an arrest report upon which was based a Roxbury Municipal Court complaint charging the victim with assault and battery on a public employee, disorderly conduct, and resisting arrest. This report stated, among other things, that the victim had repeatedly bumped into and then charged at Garvey during the incident. The second was a use-of-force report in which Garvey claimed, among other things, that the victim had attempted to prevent the arrest of the intoxicated passenger and assumed a menacing posture and moved toward Garvey, threatening an imminent attack.
“We allege that the force used in this incident was unreasonable, unnecessary, and excessive, and that the reports as filed were deliberately false,” Conley said. “There is no room in law enforcement for either.”
The victim’s injuries included burning eyes from the chemical spray, an open wound on her shin that required stitches, and bruising to her les and ankles. She was arraigned the next day in Roxbury court, where charges remained until the continued investigation prompted Suffolk prosecutors to file a nolle prosequi affirmatively terminating the case against her.
The MBTA Transit Police Department has since terminated Garvey’s employment. She will return to court on Feb. 9 with attorney Doug Louison.
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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
