BOSTON, April 2, 2015—The Suffolk County Grand Jury today returned indictments charging an off-duty police officer with civil rights violations while assaulting a livery driver earlier this year, Suffolk County District Attorney Daniel F. Conley and Boston Police Commissioner William B. Evans said.

MICHAEL DOHERTY (D.O.B. 11/7/74) of South Boston was indicted on two counts of assault and battery and one count each of assault and battery for purposes of intimidation, violation of constitutional rights, and use of a motor vehicle without authority in connection with assaults and ethnic slurs against one Uber driver and ethnic slurs while verbally threatening a second driver who attempted to intervene in the assaults.

“The use of the grand jury was critical to obtaining digital records and other evidence in this case,” District Attorney Conley said. “Racially-motivated violence by anyone, sworn or civilian, will be investigated and prosecuted, and if a grand jury is necessary to strengthen our prosecution then we won’t hesitate to take that step. There’s no place in law enforcement for the behavior alleged in these indictments.”

“These allegations are very troubling and certainly don’t reflect the attitudes of the hard working, compassionate men and women of the Boston Police Department,” said Commissioner Evans.  “This should send a strong message that this type of behavior will not be tolerated or ignored. I hold my officers to the highest of standards, and will take swift action if any should choose to conduct themselves inappropriately. I also want to thank the Boston Police Anti-Corruption Division and the Suffolk County DA’s Office for their work in this very troubling case.”

The incident took place in the early morning hours of Jan. 4, after Doherty took an Uber car from Charlestown to South Boston. When they arrived at the destination, Doherty allegedly told the driver they were in the wrong location and used a racial epithet in the verbal exchange that followed.  Doherty allegedly began hitting the victim, who exited the vehicle to escape the assault; Doherty then exited and chased the man around the vehicle.

As the victim flagged down a passing car driven by another Uber driver, Doherty entered the victim’s 2005 Toyota Prius and drove away, prosecutors said.  The victim entered the second Uber car and the two men followed Doherty until he stopped and exited the vehicle at East 1st Street and Farragut Road. There, Doherty allegedly approached both men and used another racial epithet against the second man.  Doherty knocked the Uber driver the ground and began hitting him; after the second victim came to the man’s aid, the three men became involved in a physical struggle. Doherty then left the scene.

Massport Police arrived on scene seconds later and searched the area but were unable to locate Doherty, who later surrendered and was placed under arrest by Boston Police.

The case was investigated by the Boston Police Anti-Corruption Unit. Assistant District Attorney Christina Miller, the DA’s Chief of District Courts and Community Prosecutions, led the grand jury investigation.

A South Boston Municipal Court case against Doherty is still pending and his next court date there is April 6. His arraignment in Suffolk Superior Court has not yet been scheduled.

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