Updated to correct his status: He was fired following a disciplinary hearing last July.
A Transit Police sergeant once criminally charged with rewriting an official report to help another T cop cover up the way he allegedly beat a homeless man sued the MBTA this week for the more than $100,000 in salary he wasn't paid while suspended for more than a year before the charge was dropped.
Kenny Orcel was indicted in March, 2019 on a charge of making a false report as a public officer or employee following the alleged beating incident at the Ashmont T station the year before.
But the Suffolk County District Attorney's office dropped the charge last April, because some of its evidence included statements Orcel allegedly made to investigators that were not admissible in court. After a disciplinary hearing in July, however, Transit Police dismissed Orcel from the force.
In his suit, filed this week in Suffolk Superior Court, Orcel's attorney writes that because the case was dropped, and Orcel reinstated as a sergeant, the T should pay him the $101,388 he otherwise would have earned during his time on suspension - and triple damages and attorney's fees as allowed for non-payment of wages under state law. The complaint alleges that when Orcel asked for reimbursement for the months he was on suspension, the T basically said: Sue us.
Orcel joined Transit Police in 2008, after 22 years in the Army. He was promoted to sergeant in 2017.