An ICE arrest led to an ex-Worcester city councilor to stand trial. Here’s what happened
Etel Haxhiaj, a former Worcester city councilor , defended herself from city police officers during a chaotic arrest on Eureka Street last spring, her attorney argued Tuesday during her trial's opening statements.
Haxhiaj, who served as the city's District 5 councilor, faces charges of assault and battery on a police officer and interference with police in connection with an immigration enforcement arrest of a 40-year-old woman on May 8.
The trial got underway Tuesday morning in Worcester District Court and several members of the Worcester Police Department were called as witnesses to testify about the scene that involved about 30 civilians, 15 city officers and about seven federal agents.
Two people were arrested by Worcester police that day : the 17-year-old daughter of the woman detained by federal agents and Ashley Spring, a former school committee candidate.
A trial for Spring was also scheduled for Tuesday, but she tendered a plea agreement with prosecutors. The conditions of her agreement include administrative probation until May 8, 40 hours of community service and a requirement to commit no new crimes.
Throughout the day, Worcester police officers testified about the chaotic scene where a crowd of residents attempted to block a federal vehicle containing a 40-year-old Brazilian woman taken by U.S. Immigration and Customs Enforcement (ICE) agents.
"Don't take the mother," was chanted repeatedly in videos shown to the jury. Several videos were played during the trial, but the screen could not be viewed by the public.
Prosecutors accused Haxhiaj of putting her hands on and pushing a Worcester police officer trying to prevent people from standing in front of an ICE vehicle attempting to leave the scene. They also accused Haxhiaj of attempting to interfere with the arrest of the 17-year-old girl, who officials said chased the federal vehicle containing her mother and stuck her leg out to prevent it from leaving.
Haxhiaj grabbed and pulled by officer, defense says
Haxhiaj raised her hands and defended herself only after being "grabbed and pulled and shoved" by Worcester police officer Shauna McGuirk, according to defense attorney Elizabeth Halloran.
Special Prosecutor Steven Gagne, an assistant district attorney with the Northwestern District Attorney's Office, outlined during his opening statements the series of events on Eureka Street, and argued that Haxhiaj used two hands to shove McGuirk.
McGuirk attempted to separate Haxhiaj from a Ford SUV where Rosane Ferreira-De Oliveira, a 40-year-old Brazilian mother, had been detained by federal agents, Gagne argued.
"As Officer McGuirk is escorting her away from the vehicle, the defendant breaks free and then shoves the officer with both hands, making physical contact with the officer," Gagne said. "The officer isn't thrown back. She doesn't fall to the ground, she's shaking a little bit. But that is the assault and battery upon a police officer."
After "having shoved" McGuirk, Gagne said, Haxhiaj went down the street and put hands on McGuirk again as the police officer arrested the 17-year-old girl.
Two Worcester police officers called to the stand testified that they did not witness Haxhiaj push McGuirk. Two civilian witnesses called by the defense also said they did not witness Haxhiaj push the officer.
A Worcester resident testified that she saw McGuirk move Haxhiaj with two hands.
"It appeared forceful," the woman said. "(McGuirk) moved her without her consent."
On cross-examination, the woman said she did not witness Haxhiaj "shove" the officer at any point. Gagne played a video clip, which only the jury and the woman could see, and the woman reaffirmed she did not see a shove.
"I can't tell from that video," the woman said.
Why was Haxhiaj not arrested at the scene?
Police decided not to arrest Haxhiaj amid the yelling and screaming crowd in order to not "inflame" the situation, according to McGuirk's testimony.
"It was already a chaotic scene and we didn't want to make it worse," McGuirk said.
Halloran attempted to ask McGuirk if the charges filed against Haxhiaj, which were not filed until four days later, were "politically motivated," but an objection by the prosecution was sustained.
The prosecution rested its case after calling three witnesses from the Worcester Police Department.
The defense called two civilian witnesses and two members of the police department, including Lt. John Bossolt.
Bossolt wrote the report applying for Haxhiaj's criminal complaint filed with the court and he confirmed he wrote it four days after the Eureka Street incident. He said he wrote it based on his own memory of what he saw take place that morning, reports from other officers and their testimony about what happened.
He added that there were several hours of video footage from body-worn cameras to review and said that officers have discretion when arresting people.
"(McGuirk) could have" arrested Haxhiaj at the scene, Bossolt said.
Halloran said she expects to call one more witness before resting their side of the case.
Jurors are expected to begin deliberations on Wednesday.
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