Ex-T cop guilty of assault, but cleared on civil rights charges
A former MBTA police officer was found guilty yesterday of beating a woman at Dudley Station and then lying about it to her superiors, but she was cleared of violating the woman’s civil rights — leading the district attorney and the woman’s family to push back on the judge who delivered the verdict.
Jennifer Garvey, 34, was found guilty yesterday in Suffolk Superior Court of two counts of assault and battery and two counts of filing a false police report in 2014. Judge Douglas Wilkins delivered the verdict after a seven-day trial in which Garvey waived her right to a jury; she will be sentenced July 28.
While Garvey was handcuffing an intoxicated person in Dudley Square, Boston resident Mary Holmes told Garvey she was mistreating the person and called 911. Garvey reportedly pushed Holmes and hit her three times in the legs with her baton before arresting Holmes as well.
Garvey later filled out reports falsely saying Holmes had attacked her and resisted arrest. She was fired by the MBTA in 2015 on an unrelated matter and Holmes and the MBTA ultimately settled a civil lawsuit, with Holmes getting undisclosed payments and the MBTA changing its complaint policy.
While Wilkins found Garvey guilty on the assault and false report counts, he found her not guilty of violating Holmes’ civil rights, which Suffolk District Attorney Daniel F. Conley criticized.
“The level of force in this case was unlawful and inexcusable ... Judge Wilkins’ decision not to convict on the most serious felony charges, particularly with such strong evidence and testimony, shows the challenge that prosecutors face in holding officers accountable when they cross the line,” Conley said in a statement. “The right to a bench trial belongs to the defendant, but we are left to wonder if a jury of the defendant’s peers might have reached a different conclusion.”
“I’m sure there was some technicality where the judge may have found it not appropriate, but anyone who saw the video would say Mary’s civil rights were violated that day,” said State Rep. Russell E. Holmes, Mary Holmes’ brother. “We’re very pleased she was found guilty. I certainly hope the judge doesn’t find that she should not receive jail time.”
Garvey’s attorney, Phil Tracy, said he was disappointed with the guilty verdicts but not with the judge.
“There’s no sour grapes on our part,” Tracy said. “I don’t like the verdict; I think it was wrong, but I respect the judge.”