Jose Diaz is the first officer to face charges in a saga of violence and investigations that has plagued the Springfield Police Department for over three years.
The Massachusetts Attorney General's Office has filed nine criminal charges against Springfield Police Officer Jose Diaz in connection with an alleged 2015 beating of four men by off-duty Springfield officers after a barroom argument.
Diaz, 54, was arraigned Thursday morning in Springfield District Court on four counts of assault and battery with a dangerous weapon, one count of assault and battery with serious bodily injury and three counts of simple assault and battery.
He is also accused of conspiring with "unnamed identified conspirators" to commit assault and battery with a dangerous weapon, suggesting that Massachusetts Attorney General Maura Healey's Office has other suspects in its crosshairs, according to court records.
Diaz is the first officer to face charges in a saga of violence, investigations, lawsuits and alleged cover-ups that has plagued the Springfield Police Department for three-and-a-half-years. He pleaded not guilty and was released on his personal recognizance with the condition that he stay away from the victims.
"Officer Diaz maintains his innocence and is awaiting his day in court," his attorney Jeremy B. Powers said.
The Attorney General's Office first put the case before a statewide grand jury in February, reviving the criminal case after Hampden District Attorney Anthony Gulluni declined to press charges in early 2017.
Gulluni said at the time that while Herman Paul Cumby, Jozelle Ligon, Jackie Ligon and Michael Cintron were victims of an assault, their description of their alleged attackers were too inconsistent to hold up in court.
Rather than indict Diaz through the grand jury, the Attorney General's Office filed a criminal complaint in district court. A spokeswoman for Healey's office declined to comment, saying the charges are part of an active an ongoing criminal investigation by the AG's Office with assistance from the FBI.
According to the criminal complaint, Diaz is accused of assaulting Cumby with his foot and assaulting the Ligon brothers and Cintron with a weapon. The type of weapon is known to prosecutors but was not publicly released, according to the criminal complaint.
Diaz has been suspended without pay for five days and will be placed on administrative leave following once the suspension is complete, as is standard for officers charged in district court, Springfield Police Spokesman Ryan Walsh said in a statement.
The suspension was put in place Thursday.
"This stems from an off-duty incident that occurred nearly four years ago. The Springfield Police Department's Major Crimes Supervisors, Hampden District Attorney's Office and Department of Justice all reviewed this incident and no charges were brought forward at that time," Walsh wrote. "The Attorney General's Office has brought forward this complaint in Springfield District Court, but their investigation is ongoing so we cannot discuss this or any other aspect of their investigation at this time."
Since the altercation outside Nathan Bill's Bar and Restaurant, a picture of what happened the night of April 7, 2015 has come into gradual focus, through media interviews with the alleged victims, internal police investigations obtained by MassLive and Gulluni's public report released after his office declined to press charges.
The DA's report found that the men were getting drinks at Nathan Bill's when an argument began between Jozelle Ligon and a group of off-duty officers at the bar.
Cumby and Ligon have said that Jozelle was whistling at a bartender for a drink, but that Officer Daniel Billingsley accused him of whistling at Officer Melissa Rodriguez, his then-girlfriend. Billingsley and Rodriguez were at the bar with fellow officers Christian Cicero, Anthony Cicero and Igor Basovskiy, according to the department's Internal Investigations Unit report.
After a verbal argument, which Cumby and Jackie Ligon said they attempted to defuse, Billingsley allegedly told staff that the men were not welcome in the bar. At that point, the dispute remained tense but peaceful. Uniformed police officers responded to the bar but made no arrests.
Cumby and his group left the bar, where they separated, with Cumby walking down the street while speaking to his girlfriend on the phone and the Ligons and Cintron waiting in the parking lot of a nearby store for Cumby to return and drive them home, according to interviews with the alleged victims.
Cumby, who has said he was afraid he would be targeted and pulled over if he drove away while the off-duty officers were still at the bar, reunited with the other men around 2 a.m. He saw a crowd of 10 to 15 men bearing down on them, he said.
Leading the way was Billingsley, according to a lawsuit that Cumby settled with the city last month for $775,000. Billingsley allegedly began yelling at the men and hit Jozelle. Jackie threw a punch in return, and Cumby - who has said he was trying to peacefully end the fight - was allegedly struck from behind and knocked unconscious.
When he awoke, uniformed officers and EMTs were on scene. Cumby, who had suffered serious injuries, was escorted back to the bar and drove away in his truck, according to statements officers made to internal investigators.
Diaz's alleged role
The exact circumstances of Diaz' alleged role in the fight have not been released by the AG's office. The Springfield District Court Clerks' Office said it could not release the full file on the case Thursday afternoon because sections had been impounded and the file was still in judge's chambers.
But in the Springfield Police Department's internal investigation report, Diaz was singled out for his inconsistent account of the night in question.
Officer Jeremy Rivas told internal investigator Sgt. Bill Andrew that he saw Diaz inside Nathan Bill's after Rivas responded to the scene of the fight and returned to the bar's parking lot, well after 2 a.m.
"When we followed the last male to the bar I did notice Officer J. Diaz standing outside with [redacted] and one of the owners of the bar," Rivas wrote in his statement.
But Diaz told Andrew that he left Nathan Bill's around 2 a.m. after helping the owner, an acquaintance of his, clean up the bar.
When Andrew began to press Diaz for details, he appeared to lose track of the conversation, according to the report.
"I asked Officer Diaz if he was present at the assault. Officer Diaz experienced difficulty understanding the question," Andrew wrote. "Officer Diaz states he didn't know what was going on."
Andrew asked again with no coherent response, he wrote in the report. After the another of the question, Diaz said he was not there during the fight.
"When we followed the last male to the bar I did notice Officer J. Diaz standing outside with [redacted] and one of the owners of the bar," Officer Jeremy Rivas wrote in his statement.
Andrew then questioned Diaz about the discrepancy between his and Rivas' accounts of when he left the bar. Andrew asked where Diaz was before he arrived at Nathan Bill's, at which point Diaz ended the interview.
"Officer Diaz stated that he should consult with an attorney," Andrew wrote. "I asked Officer Diaz if he wanted to assert his Fifth Amendment Rights. Officer Diaz stated that he did want to assert his Fifth Amendment Rights."
Victims claimed cover-up
In separate lawsuits filed by Cumby, the Ligon brothers and Cintron, the victims alleged that officers had worked to cover up the assault.
The initial police report by Officer Darren Nguyen was brief, did not include any mention of the alleged presence of off-duty officers and described Cumby's injuries as "scrapes and cuts" when he was concussed and had a broken leg. It also described Cumby and his group as "uncooperative."
But, according to Cumby's federal lawsuit, he did cooperate, giving a full description of what happened to Nguyen's partner Shavonne Lewis. Lewis did not author her own report and no reference to her interview with Cumby made it into Nguyen's account - an omission that Cumby alleges was part of a deliberate cover-up.
The Ligons and Cintron's suit also claimed that the identification process used by investigators was designed to hamper the investigation. Investigators with the Springfield Police Department's Major Crimes Unit showed the victims thousands of photos, asking them to pick out their attackers from a massive gallery of men who matched their broad descriptions.
A police source, who was not authorized to speak publicly about the investigation, defended the photo array procedure to MassLive earlier this year. The source said it is common to generate large photo arrays in cases where the name of a suspect is not known.
And while uniformed officers identified several specific off-duty officers as being present at the bar before the fight, investigators did not have that information when they first interviewed the victims, according to the source. By the time investigators took statements from the responding officers the array had already been shown to the victims, and running a second array could have legally tainted the identification and made it unusable in court, the source said.
Twelve officers, including those allegedly involved in the fight and responding uniformed police, received disciplinary charges in the case but have still not yet had disciplinary hearings. The City of Springfield has said it intends to hold hearings and bring the cases before the city's Community Police Hearing Board.