A Suffolk Superior Court judge today convicted Jennifer Garvey, 34, of using her baton to beat a woman who complained about the way she and another officer were dealing with a woman at the Dudley Square T stop and of then lying about it, the Suffolk County District Attorney's office reports.
But in a jury-waived trial, Judge Douglas Wilkins acquitted Garvey on a charge of causing injury while violating a person's civil rights in the March 26, 2014 incident, and reduced one count of assault and battery with a dangerous weapon to assault and battery, the DA's office reports.
In a statement, DA Don Conley said he was not really satisfied with the verdict:
The level of force in this case was unlawful and inexcusable. The defendant has been held accountable for some of her actions, and we hope the victim can take some satisfaction in knowing that her voice was heard. But 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. 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.
Garvey will be sentenced on July 28.