Prosecutor Elizabeth Dunphy Farris wanted Asher incarcerated while awaiting sentencing, but defense lawyer Joseph Monahan III argued successfully against that move. Watch video
CHICOPEE – A district court jury Tuesday found former Springfield patrolman Jeffrey M. Asher guilty of a violent assault on Melvin Jones III during a traffic stop, ending a crucial chapter in a saga that began on a dark November night more than two years ago.
Asher will be sentenced March 28 by Judge Maureen E. Walsh on the convictions for assault and battery with a dangerous weapon (flashlight) and assault and battery.
Prosecutor Elizabeth Dunphy Farris, who during her closing argument called Asher “a bully with a badge,” asked Walsh to revoke Asher’s bail and take him into custody in the courtroom. She said she is going to ask for a jail sentence at the sentencing.
Joseph Monahan III, Asher’s lawyer, argued successfully against that move, saying Asher has no record, has a wife and two children, and owns a home.
Dunphy Farris wanted the sentencing to take place Tuesday soon after the verdict. Jones, who is in jail awaiting trial on an unrelated drug case, had been brought to the courthouse and was to give a victim impact statement at the sentencing.
Monahan successfully asked Walsh to delay the sentencing to the March date so the probation department can do a pre-sentence report. That includes information from interviews with the defendant and others meant as an aid to a judge in sentencing.
Hampden County District Attorney Mark G. Mastroianni said he was satisfied with the jury’s decision.
“It was the right verdict. A crime was committed; that was why I prosecuted it,” Mastroianni said, cautioning that local police should not view the prosecution as a broad condemnation of the force.
“I certainly recognize that 99.9 percent of police interaction with the public is at the highest level of professionalism. I recognize what an enormous responsibility and what difficult jobs they have,” he said.
Not only does Asher face potential time behind bars, his public disability pension (which was approved by the state a day before his firing in 2010) could be in jeopardy, according to a lawyer for the state public pension system.
While Asher’s firing has no bearing on his retirement, a criminal conviction could prompt a move by the city to revoke his benefits, which would be vetted by the state, officials said. The assault and battery with a dangerous weapon conviction is a felony.
After the verdict, Melvin Jones II, father of Melvin Jones III, said he was very pleased with the verdict. “I didn’t know what to expect, but at this point I think justice has finally been served,” he said.
Monahan said he thinks Asher got a fair trial. “The judge conducted a fair trial and the DA did a good job,” he said.
Monahan said, “Obviously we’re extremely disappointed. I was optimistic from the start of this case. I thought that we put in a good case for self-defense and defense of others. I just think the jury missed it. I think they missed it.”
“We’re going to appeal the case,” he said. “We have some solid grounds for appeal. Some of it has to do with the charge (jury instructions) that the judge gave the jury. I objected. We disagreed on certain elements and those are the elements the appeals court will look at. I’m optimistic. One of them has to do with police function and officers’ right to use reasonable force to effect an arrest.”
“I think those are key. They were part of the case. By not being able to argue that, I was, no pun intended, handcuffed,” Monahan said.
The Republican and Masslive.com made public an amateur video of the incident made by Tyrisha Greene, a woman who lives on Rifle Street. Parts of the video, enhanced by a company hired by prosecutors, were shown at the trial repeatedly.
Monahan said, “I think they kept looking at that video, over and over and over and the video is brutal unto itself. “
“And I think if you carefully look at the video and listen to what’s said – apart from the statements made by Tyrisha Greene and Macanthony Mack (Greene’s friend) which were scripted for Hollywood – you can see that there was a struggle and you can hear that there was a struggle and that was the basis for the force that was used,” he said.
Asked how Asher responded to the verdict, Monahan said, “He is, like I am, he’s very disappointed and surprised. He was optimistic and he thought that the jury would come back with a not guilty finding because he sincerely believes that he acted in self-defense and defense of others when he used the force he used."
Monahan said Asher said “he was in abject fear of Melvin Jones III obtaining a firearm, getting access to it and then using it on the officers that were there and other people.”
Monahan said, “It's a routine traffic stop. I mean these things do happen and he thought that might have been one of those instances where the criminal – and Jones is a criminal – took it out on the police officer.”
The case originated not by law enforcement officials, but because Jones in October 2010 filed an application in District Court for a criminal complaint against Asher and three other officers from the Nov. 27, 2009, Rifle Street incident.
He did so after then-Hampden District Attorney William M. Bennett failed to convene a grand jury into the officers’ conduct.
Jared Olanoff, Jones’ lawyer at the time he filed for the complaint, said, “As someone who has been here since the beginning and brought the case with Melvin, I am certainly pleased with the outcome.
“The jury certainly took their time and came out with a just verdict. It was a verdict based on the facts and it's a great verdict because it’s the first time members of the public have had a chance to weigh in on this case,” Olanoff said.
“For years now, almost two years I think, this case has been with administrators, officials, the police department and its been met with considerable resistance,” Olanoff said.
“But this is the first time that the people have been able to weight in. They’ve made their voice heard,” he said.
Jones a year ago filed suit in federal court against a half-dozen Springfield officers, Police Commissioner William J. Fitchet, and the city over the Nov. 27, 2009 incident.
He said he was beaten unconscious, blinded in one eye and went to the hospital with a broken nose, fingers, teeth and facial bones. The lawsuit alleges police brutality and an attempted cover-up. It seeks money damages and attorney’s fees.
Shawn Allyn, Jones' lawyer on the civil case, said, “I think justice finally has been done today for Melvin Jones. We’re very grateful for the district attorney in taking the case seriously and in prosecuting it.”
The all-white jury of four men and two women deliberated for about seven hours before reaching a verdict. There is no minimum mandatory sentence for the convictions.
State law says punishment for assault and battery by means of a dangerous weapon “shall be punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 2½ years, or by a fine of not more than $5,000, or by both such fine and imprisonment.”