The drug and resisting arrest case against Jones is over, but he still faces charges in 2 cases leveled against him by city police this year.
Melvin Jones III, shown at his arraignment in Springfield District Court on Monday on charges related to a domestic disturbance last weekend, will not go to trial on drug charges stemming from a 2009 Springfield arrest that sparked a controversial police brutality case.This story updates a developing story originally posted Wednesday at 1:13 p.m.
SPRINGFIELD - Hampden District Attorney Mark G. Mastroianni on Wednesday ended the prosecution of Melvin Jones III on the 2009 drug and resisting arrest charges which landed him in the middle of an alleged police brutality case.
Jones, 29, of 16 Atwater Place, is still behind bars, however, facing charges in two cases leveled against him by city police since January. One charges him with shoplifting, and the other came in connection with a domestic disturbance last weekend.
The district attorney used an email press release to announce that he dropped the case in Hampden Superior Court in which Jones faced charges from a now controversial traffic stop on Nov. 27, 2009.
“These charges relate to an incident which also gave rise to one of the arresting officers being charged criminally for his alleged conduct during the arrest,” Mastroianni wrote.
“It is my opinion the available evidence does not allow for consistent and credible prosecutions of both defendants related to this incident. It is my conclusion, considering all available evidence, that the interests of justice are best served by the termination of Mr. Jones’ prosecution prior to trial.”
Mark MastroianniThe district attorney’s move was applauded by Jones’ lawyer, Jared Olanoff. It was Olanoff who sought a brutality complaint against former officer Jeffrey M. Asher in District Court in the fall after Mastroianni’s predecessor, William M. Bennett, had not taken action.
“We appreciate Mark Mastroianni taking the time to look at all the evidence in this case and coming to what we all agree is a just resolution,” Olanoff said. “I haven’t had a chance to speak to Melvin, but I’m sure he’ll be very relieved to hear this. And, I think this is the district attorney’s way of recognizing that Melvin suffered severe injury that night and that he was in fact a victim that night.”
Police Commissioner William J. Fitchet, meanwhile, said he was “sure it was not an easy decision to make” by the district attorney and issued a statement in which he said he remains proud of the work being done daily by his department.
“It is also not easy for our police officers to get drug dealers and gang members off the streets, keeping our city safe,” Fitchet said. “I am proud of the work they do every single day.”
Jones’ arrest on Rifle Street was caught on amateur videotape, a film which was made public in January 2010 by Masslive.com and The Republican; the case sparked debate in the city over whether there should be civilian oversight of the Police Department.
The Rev. Talbert Swan II, of Spring of Hope Church of God in Christ, who was among a group of black clergy who had called for swift action in the Jones case to restore confidence in the Police Department, said he, too, is pleased with Mastroianni’s decision.
“The district attorney came into office with a commitment to look at that case again, and he obviously has looked at all the merits of the case and come to a conclusion,” Swan said. “I believe his actions may give the community some hope law enforcement is going to begin to look at police misconduct with a keener eye, which I think is a good thing.”
The video of Jones’ arrest showed Asher using what appeared to be his police-issued flashlight to strike Jones repeatedly over the head; police reports said Jones was arrested as he attempted to flee and grabbed an officer’s gun.
In announcing his decision to drop the charges against Jones, Mastroianni said he “applied the appropriate ethical and legal standards in reaching my decision.” The action will not affect the cases still pending against Jones in District Court, he said, declining further comment.
Jones had his bail revoked on Monday, after a weekend arrest for domestic assault and battery. He had been free pending his prosecution on a January case involving allegations of shoplifting from a JC Penney store on Boston Road.
Asher’s case is wending its way through the court system; the now-retired officer has denied charges of assault and battery by means of a dangerous weapon and assault and battery. Mastroianni announced last week that he’s committed to prosecuting the police brutality allegations.
Asher, 39, of East Longmeadow, was the only officer to be charged criminally in connection with the arrest of Jones. Three other officers involved were suspended for a time and required to undergo retraining following recommendations by a civilian review panel to Fitchet.
Asher in September submitted his retirement papers with the state, citing disability due to stress. A day after he secured the disability pension, Fitchet fired him. Because of the timing, his pension remains intact.
Hampden District Atty. Mark Mastroianni's statement on the prosecution of Melvin Jones III