10.15.2010 | SPRINGFIELD - Atty. Jared Olanoff, center, answers a question during a press conference in his office as his client Melvin Jones III, left , along with his father, Melvin Jones, right, and his uncle William Jones, behind, look on. SPRINGFIELD - Soon-to-be retired police officer Jeffrey M. Asher has been charged with assault in connection with allegations of police brutality that erupted after a traffic stop nearly a year ago.
Asher has been charged with assault and battery and assault with a dangerous weapon for allegedly thrashing drug suspect Melvin Jones III with a flashlight last November. Asher, a 17-year-veteran of the police force, could face up to 10 years in state prison if convicted, according to Jones' lawyer.
The charges issued late Thursday, after a closed-door hearing on the matter Oct. 7 in Holyoke District Court. Asher will be arraigned Nov. 17, according to Jared Olanoff, Jones’ court-appointed lawyer.
A clerk magistrate rejected criminal charges against three other officers involved in the traffic stop on Rifle Street on Nov. 27: patrolmen Michael J. Sedergren and Theodore Truiolo and Lt. John M. Bobianski.
The alleged beating was caught on amateur videotape. Olanoff provided the clerk magistrate with a copy of the film and a transcript (included at the end of this post), which states one of the officers - all of whom were white - shouted “Put your arms behind your back, you (expletive) nigger,” during the arrest.
Nonetheless, the magistrate declined to bring a civil rights violation-related assault charge against Asher, which Olanoff was seeking in addition to the other two.
“I honestly don’t know why that charge wasn’t issued,” Olanoff said.
Jones filed an application for a criminal complaint against the officers after District Attorney William M. Bennett failed to convene a grand jury into the officers’ conduct after several months, Olanoff said.
Bennett could not immediately be reached for comment Friday morning.
Officers argued Jones, who has an extensive criminal history and allegedly had drugs in his car when he was stopped, made a grab for Sedergren’s gun during the arrest. A grand jury rejected those allegations, however, and Jones was charged with cocaine possession and resisting arrest.
While only Asher has been charged criminally, possible disciplinary action still looms for all four after a civilian review board held three days of closed hearings and reportedly voted to take varying measures against all four. However, the members of the advisory board have refused to discuss their votes and have signaled they will report their recommendations to Police Commissioner William J. Fitchet early next week.
However, Asher will likely receive disability retirement benefits by the end of the month after the city retirement board approved his application Sept. 1. Police officials have said Asher went out on stress leave after the videotape was made public in January. The other three officers have remained on the job.
“Those officers have been on the street, making good arrests and protecting the citizens. They’re good cops,” said Sgt. John M. Delaney, executive aide to Fitchet.
Delaney said he expected Fitchet’s decisions with regard to disciplinary action will come quickly once he receives the board’s report.
Warning: The transcript below contains strong language.
Video transcript: The arrest of Melvin Jones III