The arrest of Correia, 26, outside the Pearl Street bar Tully O’Reilly’s garnered a lot of attention, both inside Northampton and around the world, when video of it was posted on Youtube.
NORTHAMPTON – The Northwestern District Attorney has opted not to prosecute a man arrested during a March 30 bar disturbance with resisting arrest, and is seeking to change a disorderly conduct charge from a criminal to a civil violation.
The arrest of Jonas Correia, 26, outside the Pearl Street bar Tully O’Reilly’s garnered a lot of attention, both inside Northampton and around the world, when video of it was posted on YouTube. The camera operator and other spectators can be heard in the video alleging police brutality and that Correia was singled out because he is black.
The video shows Correia at the moment he is pepper sprayed by police and being tackled in the road. Because of the distance involved, the lighting, and the unsteadiness of the footage as the camera operator walks, it is difficult to see what led to the spraying.
Someone can be heard shouting obscenities as they tell someone to walk away, but it is difficult to tell who is shouting and at whom.
The footage does not show police officers hitting Correa as he is on the ground.
As of Thursday evening, the 5-minute video had been seen more than 75,000 times.
In documents submitted to Northampton District Court on Thursday, assistant District Attorney Michael J. Russo III motioned for a nolle prosequi filing, meaning the prosecution is unwilling to prosecute Correia on the resisting arrest charge.
“After a full review of the evidence, the commonwealth is satisfied that at the time the defendant knew or should have known he was being placed under arrest he offered no resistance to the police.”
A second motion filed by Russo asks the court to convert the second charge, disorderly conduct, from a criminal to a civil infraction. The motion was allowed and the case continued until June 6. Conviction on a civil complaint carries a maximum penalty of a $150 fine.
Footage of the Pearl Street arrest posted to YouTube. Warning: contains profanity.
Northampton lawyer Luke Ryan and William C. Newman, director of the Western Massachusetts office of the American Civil Liberties Union of Massachusetts, hailed the decision not to prosecute.
The ACLU offered to represent Correia in his case in the days following the initial publicity stemming from the video.
“From the outset, we have maintained our confidence in Mr. Correia’s innocence. As today’s dismissal of the complaint shows, he is (innocent), ” Luke and Newman wrote in a prepared statement.
He commended Northwestern District Attorney David Sullivan and his staff for dismissing what he called “unwarranted criminal charges.”
“Every district attorney has an ethical and legal obligation to refuse to go forward with a criminal prosecution that the facts show is unwarranted and unjustified,” he said.
Newman called on the Police Department to follow the lead of the DA’s office and dismiss the remaining disorderly conduct charge.
According to police reports filed after the original incident, police were called to Tully O’Reilly’s at 1:30 a.m. for a disturbance. Officers were in the process of arresting one patron when Correia is said to have gotten into an altercation with a bar employee outside the bar.
According to police reports, two officers reported seeing Correa yelling at the employee and then raise his fist and assume a "fighting stance." When officer Christopher Dumas grabbed Correa's wrist to stop him from hitting anyone, police allege that Correa attempted to break free despite commands to stop struggling.
At this point, Sgt. Alan Borowski sprayed him once in the eyes with his pepper spray. Other officers tackled Correa, handcuffed him and put him in the back of squad car, according to reports.