BOSTON, April 10, 2014—A Brockton man was arraigned yesterday for allegedly kicking, punching, and using slurs against a man with cerebral palsy on a subway train after the victim was able to identify him on MBTA surveillance footage, Suffolk County District Attorney Daniel F. Conley said today.

THOMAS KENNEDY (D.O.B. 4/18/51) was arraigned in South Boston Municipal Court on charges of assault and battery on a disabled person, assault and battery with a dangerous weapon, and a civil rights violation.  Assistant District Attorney Elizabeth Burke requested bail be set in the amount of $7,500 and orders that Kennedy undergo an alcohol and mental health evaluations, undergo any treatment deemed necessary, stay away from and have no contact with the victim, and stay away from MBTA property.  Burke also requested that Kennedy’s bail be revoked on an open case out of West Roxbury Municipal Court charging indecent exposure and disorderly conduct.  Judge Michael Bolden set bail at $5,000 and ordered Kennedy to remain alcohol free, submit to an alcohol evaluation and undergo any necessary treatment, and to stay away from the MBTA.  He allowed the motion to revoke Kennedy’s bail.

According to prosecutors, the victim – a 21-year-old college student – boarded a crowded Red Line train on Tuesday afternoon at Downtown Crossing and took an open seat next to Kennedy, who had boarded the train at the same station.  The victim told police that Kennedy reeked of alcohol and immediately began making derogatory comments about the victim’s disability and calling him ethnic and homophobic slurs.

The victim was able to move to another seat at Andrew station, but Kennedy continued to verbally assail the victim and eventually punched and kicked him.

The victim was able to exit the train at JFK/UMass station and reported the assault to police.  He was transported to Boston Medical Center, where he was able to describe his assailant for MBTA Transit Police detectives. He was later able to identify the defendant on footage from public safety cameras inside Downtown Crossing station, prosecutors said.

At approximately 6:15 p.m. Tuesday, Transit Police officers on the lookout for Kennedy spotted him at Downtown Crossing and took him into custody.

“There’s no substitute for good police work, but public safety cameras have helped solve crime after crime that might otherwise have gone unpunished,” Conley said. “This appears to be one of those cases, and I hope that’s some reassurance to the victim of this senseless, unprovoked, and deeply offensive assault.”

Kennedy is represented by attorney Christopher Dolan.  He will return to court May 20.

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