Former Officer Pleads Guilty to Beating Handcuffed Detainee

BOSTON, Nov. 24, 2015—A former Chelsea police officer today admitted to punching a person in his custody and lying about the circumstances of his arrest, Suffolk County District Attorney Daniel F. Conley said today.

FELIX RIVERA, Jr. (D.O.B. 1/14/81) of Lynn pleaded guilty to assault and battery and filing a false report as a public employee, both misdemeanors. Conley’s office recommended three years of probation on those convictions and additionally sought a felony conviction for causing injury while violating the victim’s civil rights, but Suffolk Superior Court Judge Peter Krupp continued that charge without a finding over prosecutors’ objections. If Rivera stays away from the victim, takes part in an anger management program, and undergoes a mental health evaluation and any treatment deemed necessary, the court will dismiss that charge in two years.

“We maintain that a felony conviction was appropriate to these facts,” Conley 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.”

“Any officer’s misconduct tarnishes not only one individual’s badge of office, but also the good name and reputation of the vast majority of police officers who perform their duties each and every day admirably, honestly, and oftentimes at great risk to their own personal safety,” Chelsea Police Chief Brian Kyes said. “The public entrusts a grant of special authority to police officers, and that trust must never be violated. I want to thank District Attorney Conley and his staff as well as all the Chelsea police personnel that assisted and cooperated with this important investigation for their collective steadfast commitment to uphold the integrity of all sworn personnel both here in Chelsea and in all of Suffolk County.”

Had the case proceeded to trial, Assistant District Attorney Michele Granda would have introduced evidence and testimony to prove that Rivera was one of several Chelsea Police officers who responded to the rear of 155 Chestnut St. on the night of Sept. 26, 2014, for a report of a man with a gun. Among those present at the scene was the victim, then 20, whom a supervising officer found to be intoxicated and interfering with the investigation. This supervisor directed other officers to place him into protective custody and remove him from the area.

As the handcuffed victim was being escorted away, Rivera struck him four times in the face, knocking him to the ground, shouting “Are you [expletive] done.” The victim sustained a cut to the lip, an abrasion to the forehead, and a malalignment of the jaw; through his attorney, who was in court today, he stated that he still suffers from blurry vision as a result of the assault.

No other officer struck the victim, and one reached out to stop Rivera from assaulting the victim further when the victim fell to the ground. Rivera wrote in his report on the incident that the victim had been pushing into another officer while being escorted to the scene and had to be taken to the ground for officers to regain control. No other officer made this claim, although the escorting officer properly notified his supervisor of Rivera’s use of force.

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. In March of this year, the victim’s attorney notified Suffolk prosecutors of both the assault and the victim’s factual innocence of the charged offenses. The attorney also provided prosecutors with a video clip shot by an unknown witness that supported his claims.

Suffolk prosecutors and Chelsea Police began an investigation into the incident that led to the termination of all charges against the victim on the second following court date. The investigation included interviews with other officers at the scene, all of whom cooperated with the probe, and the Suffolk County Grand Jury indicted Rivera this summer.

Rivera was placed on leave without pay following his indictment and he resigned from the department in September. He is expected to be ineligible for his pension as a result of the incident. Granda told the court today that prosecutors would seek a court order allowing them to release the grand jury transcripts to Chelsea Police leadership for use in any administrative proceedings that may follow Rivera’s convictions.

Rivera was represented by attorney Keith Nicholson.

 

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