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Allegedly ragey Boston cop now also faces civil-rights charges; was tracked through his Uber records
By adamg on Mon, 01/05/2015 - 3:25pm
An off-duty Boston cop charged with beating an Uber driver was arraigned today on two counts of assault and battery, violating the civil rights of the driver and a man who came to his aid, assault and use of a motor vehicle without authority, the Suffolk County District Attorney's office reports.
Michael Doherty, 40, of South Boston, was released on $500 bail at his arraignment in South Boston Municipal Court, the DA's office reports. He was ordered to stay away from the victims, not use Uber and undergo alcohol and drug evaluations.
The DA's office provided this account of what happened early Sunday:
[Assistant District Attorney William] Champlin told the court that the victim, an adult male Uber driver, had driven Doherty from Charlestown to an address on East 2nd Street at approximately 2:30 a.m. Sunday. However, when they arrived at the location, Doherty allegedly told the driver they were in the wrong location and called him a racial epithet, prosecutors said. Doherty allegedly began hitting the victim, who exited the vehicle in the area of East 2nd and M streets to escape the assault; Doherty then exited and chased the man around the vehicle.
As the victim flagged down a passing motorist for help, Doherty entered the victim’s 2005 Toyota Prius and drove away, prosecutors said. The victim entered the other motorist’s vehicle and the two men followed the Doherty until he stopped and exited the vehicle at East 1st Street and Farragut Road. There, Doherty allegedly approached both men and used another racial epithet against the second man. He knocked the Uber driver to the ground and began hitting him; after the second victim came to the man’s aid, the three men became involved in a physical struggle that ended when Doherty observed the lights of an approaching police vehicle and walked away. MassPort Police who initially arrived on scene searched the area, were unable to locate Doherty.
Doherty, who was identified through his credit card information on file with Uber, surrendered himself to Boston Police yesterday.
The Herald, meanwhile, reports that not long before Doherty's court appearance, his ex-girlfriend made an appearance related to the charges against her that she broke into his home in November and attacked him as he lay in bed with his new girlfriend.
Innocent, etc.
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Comments
How is "and use of a motor
How is "and use of a motor vehicle without authority" not motor vehicle theft? It would seem to me that he stole the vehicle? Stealing = theft.
Is there a difference between the two?
Yes.
Larceny is when you intend to permanently keep the car from the rightful owner.
Use with out authority is when you take the car but don't intend to keep it (from the owner)
Use without Authority: https:
Use without Authority: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Sect... (see Section (2)(a))
MV Theft:
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Sect...
Sure is. Joyriding, or
Sure is. Joyriding, or "unauthorized use of a motor vehicle without authority" is stealing a car without the intention of keeping it. Grand theft is theft with the intention of permanently removing the item from the owners possession. Like, if you were stealing it and taking it to a chop shop.
He did eventually stop and get out; but if that was because he was being followed or because he never intended to damage is going to get muddy.
Distinction is that motor
Distinction is that motor vehicle theft requires proving that the accused intended to permanently deprive the owner of the car, whereas use without authority essentially means taking the vehicle temporarily without intent to permanently take it. The theft statute does not state that such intent is necessary but it's part of the common law.
Motor vehicle theft: M.G.L c. 266, s. 28
Use without authority (aka joyriding): M.G.L c. 90, s. 24
Uber-haters, take note:
The app allowed the police to know exactly who had committed several major crimes. Say what you will, that's a lot better than if the situation had involved a hackney cab.
(Side note: I'm not sure whether I'm pleased or sad to see that Boston's low bail rates apply to everyone, gangbangers or police).
Bail
Bail is not punitive. It is only a guarantee to show up again.
I know, I know...
Sorry, I should have made clear that I know what bail is for, and I didn't intend to start that argument. It was more an observation that low bail isn't just for the "kinds of people" that certain posters on this site simply do not like. It's also for cops and "decent folk".
*please note intended sarcasm through use of scare quotes*
Are people skipping on bail?
Are people skipping on bail because, in your opinion, it's too low?
Long-running topic of conversation here
I'm not saying anything like that. I'm addressing what is an ongoing topic here on this site that, if you aren't aware of it, isn't worth getting into. It's kind of like trying to explain the 150 comments on a post about bikes.
I'm just glad
That you all understand the concept of bail.
Gold stars all around!!!
As to the topic at hand, of the value of showing up for court dates.... you all are doing fine with this.
Still a joke
And if I was intent on skipping a court appearance / skipping town altogether, $500 isn't going to affect my decision making. I think a previous poster said the accused made $163k last year? It might as well be zero.
Uh, if I'm persistent enough
Uh, if I'm persistent enough to force them to release my GPS data, don't any other number of apps potentially know my exact location at any given time? Hell, the shitty tip calculator even wants to know my exact location and heckles me because I refuse to allow it access to my location info.
TL;DR So do many other apps and the OS. No points awarded.
I don't think you quite understand
No, no-- see, Uber allowed the driver (the VICTIM) to immediately show the police who his most recent rider (ASSAILANT) was, complete with name and photo and, if necessary through court order, the rider's address and other account information. If this were just a fare getting into a cab, he could have run off and no one would know who the hell he was (unless he paid with a credit card, perhaps, before committing the assault and theft. Even with all the dumb crooks out there, that would be pretty stupid).
TL;DR- No amount of random apps on the driver's phone would have done the same thing. I think you're confused. All the points awarded.
I bet he left prints on the steering wheel,
too. Not to mention there were two eye witnesses.
Nice!
This POS gave his ex a nasty black eye claiming self defense. Was she wrong for breaking into to his house yes but from the looks of her shiner this "gentleman"is no stranger to hitting women.
My God- it's the unnamed "victim" cop from that other incident?
The one whose ex supposedly "fell down the stairs", giving herself a black eye?
Wow. Looks like we were right to distrust that bullshit story.
The one and only
Yeah, she shouldn't have let herself into his house uninvited but he shouldn't have shoved her down the stairs. At the very least he should have figured out a different way to break up with her.... The guy needs help.
Yeah, let's, I say, let's get
Yeah, let's, I say, let's get that boyah off the payroll fuhst and fo'most!
Justice
That's what he gets for cheating on his girlfriend and beating the shit out of her. A dopey, dumpy 40 year old racist with a cute 25 year old girlfriend and he still wasn't satisfied.
What a piece of human garbage
If this is what he's been caught doing, imagine what he's gotten away with thanks to a badge and his brothers in blue.
Here's hoping for jail time and a little rough justice for this punk.
I have an idea. Treat him like a human being.
Let's stop dehumanizing people who do bad things. The guy acted like an asshole to the driver, took his car, started fighting, was violent and racist. He was drunk. He had a stalker girlfriend who he may have hit. It's likely he's in a downward spiral. He should be held responsible for his actions. He is a human being so treat him like one.
I did say "human" garbage
As for the girlfriend he beat up for finding him in bed with another woman, way to blame the victim, Nancy. Good on ya. She's a stalker because why again? Oh right, because this dirtbag says so. She says otherwise - she came home and found him in bed with another woman and he started beating her. Which one of them showed up in court with a black eye swollen shut? Her.
You know what else is in a downward spiral? Your credibility.
Makes no sense....
... why was the person injured in the encounter the only one to be charged for anything?
Probably just a coincidence
that she's the one who isn't a cop.
Clearly....
... just a coincidence.
Let me be the first to say it
Let me be the first to say it... OMG Those Irish pigs in South Boston are animals and should be treated like animals and be put to sleep! What? No crazy rants by the great unwashed among these readers? I guess they must have taken the day off to wash they sheets. /SarcasmOff
*Edited for spelling. (Was on the T when typing.)
You all are all guns blazing
You all are all guns blazing to slam this cop (yes he's a coward) but if he was a normal random person I bet some of you would be fine with a warning or some BS penalty
Nope. Would still not be fine
Nope. Would still not be fine with a warning or fine.
But there IS a difference in my opinion. The fact that the accused is someone who we've entrusted with the keys to our society--the authority of force--elevates it to a higher level of wrong.
Any legislators reading this? I propose that there should be a multiplier to any criminal sentence if the convicted has been given the authority of force.
Apparently, you don't subscribe
Apparently, you don't subscribe to the idea that law-enforcement officers should be held to a higher standard than ordinary citizens. A lot of us think that someone who's permitted to carry and use deadly force must be in full control of himself at all times. This guy does not appear to be in control. If he's found guilty of any of these acts, at a minimum, he should not be a cop any more.
"At a minimum, he should not be a cop anymore."
Absolutely correct. This should go without saying, but in this whacked-out world we live in it is by no means guaranteed.
Two years probation and mandatory AA would be a sentence comparable to what other first-timeoffenders probably get, as Pete has noted. But for Christ's sake, don't let this crazy racist dickhead stay a cop!
I hope our police
I hope our police commissioner uses this incident to review the profiles of all police officers in Boston. It's clear that there are a few like this guy that have known issues that should prevent them from being able to hold this job.
It would be nice to see the demonstrators move past marches to effect changes to policy as well. We have a government system that makes it difficult to remove under performers - in all areas of government. It's time to break this cycle of mediocrity. Let's move to pay for performance and termination for non performance. I bet the voters would overwhelmingly support such change.
Agree that protests suffer from absence of demands.
This is something that needs to be worked out through legislation or contract negotiations. Unfortunately you never hear about these issues at contract time. All we get is cheapskate business lobbyist Sam Tyler sniffling about healthcare costs. No talk of reforms like you suggest. The protesters, if they could ever elect or appoint or communally suggest or psychically insinuate or let the chi flow into some leaders or spokespeople then perhaps they could affect this process in a positive way next time.
This case
This case is a chance for Commissioner Evans, DA Dan Conley and Mayor Marty Walsh to show that Boston Police officers are held to the same standard under the law as others are.
It is also a change to show how the collective bargaining agreement between officers and the City of Boston supports state law and community standards, or whether it enables a double standard.
Beside wether boston police are held to the same standard under the law as everyone else, what do you think about officers making $169,000 if they work their job and a lot of details? I am for ambitious people doing well, I just have a hard time believing what we pay for details is a good value for us.
Oh please. I find it even
Oh please. I find it even more disgusting that a police officer did this. They're (in theory) supposed to serve and protect, enforce laws. The people who do this should, you know, follow the laws themselves, right? We pay this scumbag's f***ing salary. People like this guy have no place serving the public and further, provide even more evidence of deeply entrenched problems with people who serve in law enforcement in general. How can one not question blatant abuses of power by the police force when sh*t like this goes down (and especially since this guy has already had previous issues)? And further, whatever hiring stuff going on that allows incompetent meatheads like this to get hired and stay on the force in general? Like, what kind of review process is going on that doesn't catch things like this?
Agreed. But we should also
Agreed. But we should also move to rescind any public assistance to those who break the law. We pay their salaries too. That would be consistent with your statement.
Everybody
deserves their day in court, including Doherty. There may be more to this than meets the eye.
BTW: How does a prosecutor prove he made 'racist' comments? Because the driver said so? It's a he said / he said situation and can't be satisfactorily proven to the point someone would be convicted of a civil rights violation.
I'm not saying Doherty doesn't sound like a piece of work, but he's been convicted of nothing, just accused.
Two witnesses to the slurs
So it's more of a he and he said versus the accused, naturally, denying it. How many witnesses are usually required in cases like these, I wonder?
It depends
On the, ah, trustworthiness of the accused
Still
meaningless. A half competent defense could rip that to shreds.
Are you a defense attorney?
Are you a defense attorney?
Court
He definitely deserves his day in court but, come on, more than meets the eye? In the span of six months he's been involved in a domestic dispute where a woman ends up with her face blackened and a cab dispute where he "borrows" the cab. The dude is a mess and there is pretty much zero chance these are his first two offenses. There is your "more than meets the eye."
Neither of us
know what the nature of the relationship was between the woman and Doherty, and for all we know she could be as big a head case as he allegedly is.
But I admit the whole thing hits two of the biggest memes in our society today:
The war against women - domestic abuse (throw in 'bullying' for good measure)
Racism (through in bullying for good measure).
And Doherty is a poster boy for every leftwing 'advocate' who sees white males, especially cops, as oppressors, bullies, racist, racist, homophobic , fill-in-the-blank.
Why do you keep making
Why do you keep making excuses and changing the conversation from the racist violent thug cop to how its a left wing 'issue' and that giving us all the reasons he might not be so bad. You think this is a conspiracy between his ex, the uber driver and the guy that came to the uber drivers assistance to make an upstanding cop look bad?
So this is the same guy?!
I laughed in disgust when I read that story about his girlfriend a few months ago. He beat the shit out of her. Yikes!