Protocol also specifies that handcuffs should not be removed “except for the purpose of fingerprinting, writing on forms as may be required or when absolutely necessary.”
Good confirms that “when [Trombly] was struck, his hands were behind his back uncuffed.” But Good maintains that his client did not attempt to defend himself.
When his friend was re-cuffed to the ramp next to him, Davis says he asked him, “What the hell did they do to you?” to which Trombly mumbled, “I think my jaw’s broken.”
From that point, Davis said, Trombly only communicated with gestures.
Now, both Good and Davis’ attorney, John G. Swomley, are challenging the charges against their clients.
Davis was arrested for drinking publicly, underage drinking, disorderly conduct and resisting arrest.
Good and Davis claim that Trombly and Davis were not drinking in front of 2021 Commonwealth when Byrne pulled up.
“Numerous witnesses will testify that the charges that Boston police officers have filed against Garett Trombly are baseless,” Good said.
Swomley called the police account of the incident “ridiculous.”
Although Davis said two or three of the members of the group of about 17 students were drinking from Dixie cups, none of them were arrested.
One of the members of that group, BC sophomore Maureen “Mo” Leahy, was the police officers’ initial focus, according to both Davis and Leahy.
Leahy said as the group was walking to a nearby T station, Byrne pulled up next to her and the group—recognizing Leahy, a six-foot four blonde basketball player, from a sweep he had made the night before.
“He started screaming at me. ‘You, the big blonde!’ and then started yelling and cursing at me,” Leahy said. “Then he said, ‘You [expletive] drunk! I should have arrested your ass last night!’”
Davis recalls the barrage lasting 30 to 45 seconds, with Byrne calling Leahy “a drunk,” “stupid,” “a loser,” and telling her she “belongs in [Alcoholics Anonymous] meetings.”
“She started to cry and I put my arm around her and said, ‘You don’t have to listen to him,’ Davis said. “But the sergeant was like, ‘Don’t make me get out of this car! I could kick your [expletive] ass! All you BC kids are the same.’”
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