The atmosphere in a standing-room-only courtroom was tense and crowded with police, civil rights activists and supporters of both Melvin Jones III and Asher, who was sentenced to 18 months in jail for beating Jones during a traffic stop.
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The Republican | John SuchockiFormer Springfield police officer Jeffrey M. Asher is led away by court officers taking him into custody and exiting the Chicopee District Court room after Asher was sentenced to 18 months in jail.
This is an update to a story originally posted today at 9:55 a.m.
CHICOPEE – Effectively capping a two-year saga that polarized the city along racial and law-and-order lines, former Springfield police officer Jeffrey M. Asher was sentenced to 18 months in jail for beating a motorist with a metal flashlight during a traffic stop in the inner city.
Asher, 40, of East Longmeadow, blew a kiss to his family and supporters as he was led away in custody in Chicopee District Court Wednesday morning. Court officers paid him the professional courtesy of not placing him in handcuffs on the way out, which is customary.
Melvin Jones III, the black motorist whose bludgeoning on the hood of a car in 2009 was caught on amateur videotape, was in the courtroom during Asher’s sentencing. Jones himself is being held without the right to bail at the Hampden County Correctional Center at Stony Brook in Ludlow, awaiting a trial for cocaine trafficking.
Asher will not serve his sentence at the Ludlow jail, according to Richard J. McCarthy, public affairs officer for the Hampden County Sheriff's Department.
“He didn’t come here, he isn’t here and he won’t come here,” McCarthy said.
It’s common practice, McCarthy said, for law enforcement personnel who face incarceration to serve their time elsewhere. “It’s obvious as to why it’s done, to ensure the safety of the individual,” he said.
McCarthy, citing state Criminal Offender Record Information law, said he could not say where Asher will serve his sentence.
The judge denied a request by Asher’s lawyer to delay the start of the sentence until the end of the school year; he will begin serving his sentence immediately.
During the sentencing proceeding, which followed Asher’s convictions by a six-member jury in February, Jones told Judge Maureen Walsh that he is partially blind in one eye, had his nose and other facial bones broken, and that his hand is permanently disfigured as a result of the beating.
“I think Mr. Asher deserves to go to jail for what he’s done to me,” said Jones, of Springfield, adding that he has nightmares about the incident and is being treated for depression as a result, among other physical injuries. “Nobody deserves to be beat like a dog, liked a caged animal.”
The atmosphere in a standing-room-only courtroom was tense and crowded with police, civil rights activists and supporters of both Jones and Asher. A lone observer let out a small clap when the judge rendered her sentence but was swiftly quieted by court officers.
Asher and his attorney maintain that Asher, while working an overtime detail, responded to his fellow officers’ cries for help with an out-of-control suspect over the police radio.
Asher arrived at the scene on Rifle Street on Nov. 27, 2009, and a nearby resident filmed Asher beating Jones in the head and face with the flashlight after Jones tried to flee while being frisked. Three other officers were involved. Asher was fired over the incident while the other officers – all white – were suspended without pay for various stints.
Defense lawyer Joseph Monahan asked Walsh for a period of probation and home confinement, noting his client’s record as a decorated combat Marine and his role as caretaker for his autistic son. But, the judge adopted the prosecution’s request that Asher serve one year on the simple assault charge and 18 months on a second charge of assault with a dangerous weapon, to run concurrently.
“My client apologizes for any injuries the victim may have sustained, but he remains steadfast ... in his belief that he used reasonable force,” on the night in question, Monahan said.
The defense lawyer also noted that Asher lost his job, has been publicly humiliated and is at risk of losing his police pension.
Police Commissioner William J. Fitchet fired Asher one day after the former patrolman received a disability retirement based on a post-traumatic stress disorder diagnosis linked to his combat duty in the first Gulf War.
Walsh said she took into account Asher’s military and police service in addition to an outpouring of support that came in the former of many dozens of letters from community members. But, the judge said Asher violated the very essence of police work and made the leap from cop to criminal.
“He did not uphold his oath to protect and serve all ... In fact, he did the exact opposite,” Walsh said. “This was excessive and it was criminal.”
Asher had a checkered disciplinary history over his 16-year career. He was suspended for six months for kicking a black suspect during an arrest in 1996 (also caught on amateur videotape); then again for 12 days after his cruiser mirror hit a young boy; and a third time for failing to show up to court, according to a city attorney, before being fired in connection with the Jones matter. Asher also has been named in five civil lawsuits, including one pending in U.S. District Court filed by Jones. Four others have been settled.
Asher’s disciplinary history and exposure to lawsuits was overstated in a previous story due to incorrect information provided to a reporter by Jones’ lawyer.
For his part, Jones' own criminal record was well-established before the traffic stop and has continued to grow since he was released on bail after being charged with drug possession and resisting arrest after the traffic stop on Rifle Street. Though District Attorney Mark G. Mastroianni ultimately dismissed the 2009 charges, Jones was arrested in connection with shoplifting more than a dozen pairs of pants from a department store and for a separate domestic dispute in 2010.
He was most recently charged in Hampden Superior Court with cocaine trafficking, accused last year of selling drugs to a police informant. Jones is scheduled to be tried on those charges in mid-April.
Walsh said she that while she was mindful of Jones’ criminal history, it changed neither the jury’s verdict nor the law.
“(To consider Jones’ history at Asher’s sentencing) would suggest that somehow the laws apply in different degrees based on the value of the victim and the defendant,” Walsh said.
After the sentencing, Jones’ father, Melvin Jones Sr., said he had been slightly worried Asher would receive no jail time for beating his son.
“That was a concern but fortunately that didn’t happen. I’m very pleased with the sentence,” Jones Sr. said.
Mastroianni disagreed with Monahan’s assertion to reporters that the sentence was too severe.
“This is how the justice system works. This wasn’t one person making a decision,” about the merits of Asher’s behavior during the traffic stop and his subsequent fate, he said.
Mastroianni said that aggressively prosecuting the case was never intended to send an anti-police message to the public or the rank-and-file themselves.
“That’s never been the message here. It’s never been negative against police officers. He was sentenced for his actions on that day,” Mastroianni said.