Felony charge reinstated against Boston cop accused of attacking family member

A Dorchester Municipal Court judge today reinstated a felony charge of assault and battery with a dangerous weapon - pavement - against BPD Officer Alexis Herrera-Brea, who now faces arraignment on June 30, the Suffolk County District Attorney's office reports.

Judge Paul Tressler had initially dismissed the charge based on a motion by Herrera-Brea's attorney, Benjamin Megrian, that pavement was not considered a "dangerous weapon" under Massachusetts law. Although an appeals court ruled that way, that decision was then overturned several months later by the Supreme Judicial Court.

According to the DA's office:

In his ruling, Judge Paul Tressler stated that “[t]he court relied on erroneous misrepresentations” in allowing a handwritten motion to dismiss that was filed by Officer Herrera-Brea’s private defense attorney at the officer’s original arraignment date on June 8, 2021. Upon realizing the error prior to outside inquiry, Suffolk prosecutors swiftly filed a motion to reconsider, which was argued before Judge Tressler earlier today. Judge Tressler issued his handwritten findings allowing the Commonwealth’s motion late this afternoon thus reinstating the complaint and then scheduling the arraignment.

Herrera-Brea was already on probation on an earlier domestic-violence charge, when he was arrested on the new charge, the DA's office says. Boston Police placed him on administrative leave after his arrest.

Innocent, etc.