The union said the decision endangers police and encourages resisting arrest.
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.SPRINGFIELD – The police officers union on Thursday said Hampden District Attorney Mark G. Mastroianni’s action is ending the prosecution of Melvin Jones III in a drug arrest which resulted in allegations of police brutality will encourage criminals to resist arrest and endanger officers.
“We believe that D.A. (district attorney) Mastroianni’s decision will encourage criminals to resist arrest in the hope that they can present themselves as victims of excessive force and escape the consequences of their criminal acts,” the statement by the union representing non-supervisory officers said.
“We believe that DA Mastroianni’s decision will result in greater risk of injuries to police officers making arrests, and regrettably, cause officers to hesitate in situations where the use of force is necessary.”
Mastroianni said late Thursday he just received the statement from the union and is reviewing it.
Local 364, International Brotherhood of Police Officers, said in its statement, “We are extremely dissatisfied by the decision of District Attorney Mastroianni to terminate the prosecution of Melvin Jones, III for his actions on November 27, 2009.”
“In his press release announcing his decision, DA Mastroianni noted that there is also a pending criminal charge against Officer Jeffrey Asher, one of the arresting officers, and he stated that it is his opinion that ‘the available evidence does not allow for the consistent and credible prosecutions of both defendants related to this incident.’ This conclusion is neither logically nor legally sound.”
Police Commissioner William J. Fitchet on Wednesday 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.
The union in its statement wrote former Hampden District Attorney William M. Bennett, who it called “the previous, experienced district attorney,” presented evidence of Jones’ conduct to a grand jury which found probable cause to indict Jones.
“Whether an officer subsequently subjected Mr. Jones to excessive force does not negate nor excuse criminal acts which Mr. Jones may have engaged in immediately prior to his arrest,” the press release said.
“Just as Mr. Jones’ criminal acts would not justify excessive force in his arrest which followed, so too excessive force in making his arrest would not justify his criminal acts before the arrest,” the statement said.
The union said after hearing the evidence at a trial, juries could find that either or both Jones and Asher are guilty as charged. It said the question should have been left for juries to decide in both cases.
“The vote of the grand jury to indict Mr. Jones for his crimes on November 27, 2009 should have been respected, and the charges against Mr. Jones should have been prosecuted to a conclusion,” the statement said.
Jones, 29, of 16 Atwater Place, is still behind bars.
One charges him with shoplifting, and the other came in connection with a domestic disturbance last weekend.
In his statement Wednesday announcing the dropping of the drug and resisting arrest charges in the Hampden Superior Court case, Mastroianni said, “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.”
“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.”
Jared Olanoff sought a brutality complaint against Jeffrey Asher in District Court in the fall after Bennett had not taken action.
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 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.“
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, with Jones the alleged victim.
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.