Two Charged in Beating That Led to Bus Crash

Two Roxbury youths were arraigned on felony charges this morning at their arraignment in connection with an assault on an MBTA bus driver that led to a slow-motion crash on Dudley Street, Suffolk County District Attorney Daniel F. Conley said.

Assistant District Attorney Andrius Knasas recommended that MICHAEL ANTHONY BAPTISTA (D.O.B. 1/13/92) and FELIX GARCIA (D.O.B. 8/24/92) be held on $10,000 cash bail each as they were formally charged with assault and battery on a public employee and wrongful interference with a passenger vehicle. Baptista was additionally charged with threatening to commit a crime. Knasas further recommended that both defendants wear a GPS tracking device, check in weekly with probation officers, stay away from the victim and witnesses, and abide by a curfew if they post bail.

Roxbury District Court Judge Kenneth Fiandaca imposed $10,000 bail for Garcia on the new charges and held him without bail pending a surrender hearing in connection with ongoing probationary terms on larceny and assault charges. Fiandaca released Baptista without any monetary bail, ordering him only to report to probation officers twice weekly. Both defendants were ordered to have no contact with the victim or any witnesses.

“This was a cowardly group attack on a public employee,” Conley said. “It didn’t just injure the driver. It put every passenger at risk and it put pedestrians in harm’s way. I can’t stress enough how lucky we are that no one was more seriously injured or worse. This is a serious offense and there have to be serious consequences.”

MBTA Transit Police detectives arrested both defendants late yesterday amid an investigation that began shortly after the 3:15 p.m. crash and remains ongoing today.

In the course of that investigation, Transit Police interviewed the driver of the Route 15 bus, multiple passengers on board at the time of the assault and collision, the defendants themselves, and others with knowledge of their alleged actions.

Based on those interviews and other evidence developed since Monday afternoon, investigators believe the 39-year-old driver stopped the bus in the area of 367 Dudley St. when he smelled cigarette smoke coming from the rear of the jam-packed vehicle. He exited the front door, walked to the rear door, and re-boarded to tell a group of young men to stop smoking or get off the bus. At about that time, a passenger who complained of asthma left the bus because of the smoke.

Baptista, who was said to be part of the group in back, allegedly told the driver to “Just drive the [expletive] bus.”

The driver returned to the front of the bus and called for assistance. The group of young men left the bus through the back door, and the driver released the brake and prepared to continue along the route. Instead, however, Baptista and Garcia allegedly came through the front doors and became belligerent and profane with him.

At about this time, Baptista allegedly threatened to shoot the driver if they crossed paths again. He and Garcia allegedly punched the driver in the head repeatedly, knocking it into the driver’s window so forcefully that the window broke and he lost consciousness. The driver suffered contusions and swelling for which he was transported to Boston Medical Center.

When the driver regained consciousness, he saw that the bus had struck a building at 385 Dudley St. Other witnesses aboard the bus at the time of the crash told investigators that the collision was moving slowly, without any acceleration, as it deviated from the street to the sidewalk. Witnesses said that slow movement began as the bus driver was being attacked by the two men.

In the aftermath of the crash, it was found that Garcia was pinned in place by his foot, which was stuck under the front right tire. He was allegedly boasting that he would sue the MBTA and receive a “Free MBTA pass for life.” Baptista, who had been confined between the bus and the building, was able to extricate himself. Both men were transported to Brigham and Women’s Hospital with minor injuries.

Baptista was represented by attorney Jane Peachy and Garcia was represented by attorney Paul Carrigan. They will return to court on May 13.