WORCESTER – City Councilor Etel Haxhiaj and Ashley Spring attended scheduled hearings at Worcestrer District Court on Thursday. Both women, in separate cases, face criminal misdemeanor charges after residents confronted Immigration and Customs Enforcement (ICE) agents on May 8 on Eureka Street.
Worcester County District Attorney Joe Early Jr. recused his office from the case. The office of Northwestern District Attorney David Sullivan is leading the prosecutions.
Attorneys for each woman presented motions to dismiss the charges against them.
Attorney Elizabeth Halloran, representing Haxhiaj, argued that the body cam footage does not show that Haxhiaj shoved Officer Shauna McGuirk, as alleged in the complaint.
First Assistant District Attorney for the Northwestern District Steven Gagne focused his arguments against dismissal on the charge against Haxhiaj of interfering with a police officer.
In a separate hearing, the judge heard arguments on a motion to dismiss charges against Spring filed by her attorney, Carl Williams. Williams argued that the charges against Spring warranted dismissal as the facts were not presented in the original police report.
Gagne agreed that Spring never touched an officer, but said the state is pivoting to a new theory of the assault being committed using water from a baby bottle.
In both cases, the judge agreed to take the motions under advisement and set November 19 as the next date for both cases.
This Week in Worcester asked Assistant DA Gagne about being a part of the case outside of his normal jurisdiction.
“I think in this case, and others like it, it is appropriate. I have no interest in the case and do not know any of the parties. Whether the result makes the defendants upset or the WPD upset, I will be back to work in Northampton.”
Several supporters of Haxhiaj gathered outside, with many attending the hearing.
Police Union Official Speaks to District Attorney
New England Police Benevolent Association (NEPA) Local 911 union President Thomas Duffy Jr. attended the hearing in plainclothes with his service weapon on his hip. Prior to the courtroom opening to the public, Duffy entered the courtroom and conferred with Assistant DA Gagne before the hearing.
Duffy spoke with Gange for a second time after the hearing.
This Week in Worcester asked Officer Duffy if he was on duty, and if he would give a statement about his conversations with ADA Gagne. He declined to comment.
This Week in Worcester asked Gagne to comment on his interactions with Duffy.
“In the initial meeting, we were being introduced to each other. In the second exchange, we spoke about the case. It is part of my job to relay information to all interested parties.”
Duffy represents patrol officers in matters related to collective bargaining rights granted by the labor contract between the union and the City of Worcester. He has no role in legal representation, is not a lawyer, and is not a member of the Bar Association. He is not a court officer, nor listed as an interested party in the case. He did not witness the alleged crimes.
Duffy, who has a controversial history as a police officer, publicly campaigned for charges against Haxhiaj in the days after May 8. Based on reports by witnesses, This Week in Worcester previously reported that Duffy initiated a confrontation with Chief of Police Paul Saucier and issued threats of withdrawing union support if Haxhiaj didn’t face charges. This Week in Worcester discovered no evidence Duffy’s behavior impacted the decision to file charges.
A representative of the Worcester Police Department said the confrontation did not take place.
This Week in Worcester submitted questions to the Worcester Police Department, asking if Duffy was on duty during his time at the courthouse, for clarification on department policy related to speaking with prosecutors in cases an officer has no involvement in, and if off duty, for clarification related to policy on carrying a service weapon while off-duty. The department did not respond by the time of publication.
UPDATE:
In response to an inquiry from This Week in Worcester, a spokesperson for the Worcester Police Department said that Duffy was not on duty on Thursday morning and, “it is normal for officers to carry firearms. Policing is a 24/7 job.”
