"Having received word that the district attorney found no wrongdoing on the part of these Agawam officers, there is no reason to withhold the video from release," said attorney John D. Connor, who's representing Sgt. Anthony Grasso and Officers John P. Moccio and Edward B. Connor in their appeals before the Massachusetts Civil Service Commission.
AGAWAM -- Three Agawam police officers fired in connection with a use-of-force incident are demanding that the City of Agawam release a video of the incident that led to their termination, John D. Connor, the attorney representing the officers, said Wednesday night.
The demand came after Hampden District Attorney Anthony D. Gulluni's office notified Agawam officials that criminal charges would not be filed in connection with a June 19 incident at Six Flags New England.
David P. Desjardins, 27, of Baltic, Connecticut, was taken into custody after a violent struggle with officers at the amusement park, Connor said. The trouble continued at Agawam police headquarters, where the episode was caught on camera, according to the lawyer.
"Having received word that the district attorney found no wrongdoing on the part of these Agawam officers, there is no reason to withhold the video from release," said Connor, who is representing Sgt. Anthony Grasso and Officers John P. Moccio and Edward B. Connor in their appeals before the Massachusetts Civil Service Commission. The officers are seeking full reinstatement and back pay.
Attorney Connor, who is not related to Officer Connor, did not indicate when he learned about Gulluni's decision, but he has consistently stated that the officers followed proper department protocol and would be exonerated once the video is released.
Mayor Richard A. Cohen fired the veteran cops, who had a combined 70 years of experience, on Oct. 19 following internal and external investigations. The matter was forwarded to Gulluni's officer for further review and possible prosecution.
Desjardin was "very intoxicated and extremely violent," according to Connor, who said the trouble started after a bartender at Wahoo's Tiki Bar in the Hurricane Harbor Water Park refused to serve more alcohol to Desjardins. It took several officers to subdue Desjardins, Connor said.
"This violent behavior reignited at the station during the booking process, requiring officers to use reasonable force to bring the arrestee under control," the lawyer said, noting that the only person injured in the incident was a police officer.
"We're glad that there's a videotape that demonstrates that these officers acted appropriately at all times," Connor said. Although the public may find the video to be "graphic," he said, it clearly depicts Desjardins assaulting Grasso and Officer Connor before any baton strikes were delivered to protect the officers.
At one point in the video, Desjardins is shown delivering "a vicious elbow strike to Sgt. Grasso's face," Connor said, followed immediately by a punch to Officer Connor's face. It then shows Desjardins placing Grasso in a life-threatening headlock, Connor said.
"Under the department's 'use of force policy,' the use of a baton was both authorized and appropriate under these circumstances." Connor said. "I think what the public needs to know is that Sgt. Grasso, who had recently undergone cervical fusion surgery, was placed in a headlock by Mr. Desjardin, and that only after this occurred was he forcibly subdued."
Sill photos taken from the video are conclusive evidence that Desjardins was "extremely assaultive," Connor said.
"As we have said from the beginning, the termination of these officers was a great injustice," he said. "By releasing the video, we can set the record straight and firmly establish that these officers acted appropriately."
Hearings before the state Civil Service Commission were held this week in downtown Springfield. A final evidentiary hearing is scheduled for Jan. 31.