BOSTON, July 3, 2017—A former police officer was convicted today of beating a woman during an arrest and then lying in subsequent reports on the incident, Suffolk County District Attorney Daniel F. Conley said.

Following a seven-day trial in which the defendant waived her right to a jury, Suffolk Superior Court Judge Douglas Wilkins convicted former MBTA Transit Police Officer JENNIFER GARVEY (D.O.B. 9/28/82) of two counts of assault and battery — one as indicted and the other as a reduction from the indicted charge of assault and battery with a dangerous weapon — as well as two counts of filing a false report as a public employee. Wilkins acquitted Garvey of injuring the woman while violating her civil rights.

“The level of force in this case was unlawful and inexcusable,” Conley said. “The defendant has been held accountable for some of her actions, and we hope the victim can take some satisfaction in knowing that her voice was heard. But Judge Wilkins’ decision not to convict on the most serious felony charges — particularly with such strong evidence and testimony — shows the challenge that prosecutors face in holding officers accountable when they cross the line. The right to a bench trial belongs to the defendant, but we are left to wonder if a jury of the defendant’s peers might have reached a different conclusion.”

Assistant District Attorney Michele Granda proved that Garvey was a uniformed 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 evidence showed that 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, Garvey 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 and told her to 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.  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, Granda argued, Garvey allegedly drew her baton and struck the victim three times in the legs. The victim was placed under arrest.

After the arrest, the evidence showed, Garvey 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 falsely stated 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 falsely claimed 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.

The victim’s injuries from the baton included an open wound on her shin that required stitches, and bruising to her legs 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 dropping the case against her, and the MBTA Transit Police Department terminated Garvey’s employment.

Tamisha Civil was the DA’s assigned victim-witness advocate. Garvey was represented by attorney Phil Tracy. She faces  sentencing on July 28 at 2:00 pm.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.