A former sergeant with the Massachusetts Bay Transportation Authority (MBTA) Transit Police Department was sentenced in federal court for his role in aiding and abetting the filing of a false arrest report. The case stems from an incident involving the assault of a homeless man at the Ashmont MBTA Station.
David S. Finnerty, 49, of Rutland, Massachusetts, received a sentence of two years’ probation, 150 hours of community service, and a $500 fine from U.S. District Court Judge F. Dennis Saylor IV. Prosecutors had recommended a two-year prison term. Finnerty was convicted in May 2025 on one count related to aiding and abetting the false report after being indicted by a federal grand jury in August 2023.
According to United States Attorney Leah B. Foley, “By falsifying a police report to cover up an unconstitutional assault, Mr. Finnerty betrayed his badge, the victim he was sworn to protect, and the public’s trust. Instead of protecting a vulnerable man who had been abused, he tried to shield the officer who assaulted him.” Foley added: “Our justice system depends on officers who follow the law, not those who violate it. Mr. Finnerty’s conviction affirms a simple truth: no one is above the law, and those who abuse their power will be held accountable.”
Ted E. Docks, Special Agent in Charge of the FBI’s Boston Division said: “As law enforcement officers, we must be held to the highest of ethical standards, and Sgt. Finnerty blatantly ignored those standards when he shirked his sworn duty and tried to cover up an unprovoked beating of a homeless man by one of his fellow officers.” Docks described Finnerty’s actions as “a gross betrayal of trust.”
The events occurred during Finnerty’s overnight shift on July 27, 2018. He supervised Transit Police Officer Dorston Bartlett at that time. At approximately 1:47 a.m., Bartlett assaulted a homeless man at Ashmont station by striking him three times with a steel baton without legal justification. The victim reported this assault to local police before being arrested by Bartlett.
During booking procedures following the arrest, Finnerty was informed multiple times about the assault by the victim and later reviewed video footage showing excessive force with two other officers present. While these officers recognized excessive force had been used against the victim after watching these videos, Finnerty claimed otherwise.
Instead of reporting Bartlett or releasing the victim promptly after reviewing evidence suggesting misconduct, Finnerty worked over several hours with Bartlett to create an arrest report containing false information meant to justify Bartlett’s actions.
Finnerty reviewed drafts prepared by Bartlett that conflicted with available radio communications and video evidence but did not advise correction or accuracy; instead he instructed Bartlett on adding further details via cell phone calls—avoiding recorded lines—and eventually made additional changes himself using his computer while referencing department policy documents.
These modifications included assertions contradicted by video evidence such as claims that the victim exhibited “assaultive” behavior or resisted arrest; that there was an immediate threat perceived by Bartlett; and that efforts were made solely to place him into custody at Ashmont station—all designed to rationalize use-of-force decisions made during this encounter.
After finalizing changes without verifying their truthfulness with Bartlett or saving any digital trace on his computer system intentionally concealing involvement—Finnerty handed off responsibility for submission back to Bartlett.
The sentencing announcement was made jointly by U.S Attorney Foley and FBI SAC Docks while Assistant U.S Attorneys Kristina E Barclay and Julien M Mundele prosecuted this matter.
