Judge upholds charges against Worcester city councilor over ICE arrest
A judge on Wednesday declined to dismiss charges filed against a Worcester city councilor who confronted federal immigration agents and police officers during an operation on May 8.
District 5 Councilor Etel Haxhiaj was charged on June 4 with one misdemeanor count of assault and battery on a police officer and one common law violation for interfering with a police officer.
Haxhiaj lost her re-election bid this year to Jose Rivera and won't be a city councilor come the new year.
The charges stem against Haxhiaj's actions on May 8, where she confronted and protested Immigration and Customs Enforcement (ICE) agents on Eureka Street in Worcester. The agents were arresting 40-year-old Rosane Ferreira-De Oliveira, a Brazilian mother of four. The mother was released from her detainment in October.
In a filing on Wednesday, Janet J. McGuiggan denied Haxhiaj's bid to dismiss the case.
Police body camera footage of the incident released by the city on May 16 featured video of the councilor grabbing the 40-year-old's arm and pleading with the agents not to take her. Two of the ICE agents then flung Haxhiaj off of Ferreira-De Oliveira, as seen in the footage.
Video from Officer Shauna McGuirk's body camera showed Haxhiaj and Ferreira-De Oliveira's daughter, Augusta Clara Moura, standing next a gold SUV. Ferreira-De Oliveira was placed inside of the vehicle by ICE agents during the arrest.
In the footage the agents and McGuirk tell both Haxhiaj and Clara Moura to move away from the SUV.
The officer released her arm and an agent then warned Clara Moura and Haxhiaj that they both could be charged for their actions
"I don't understand," Haxhiaj said and told McGuirk that she had the right to be there as a district councilor. Eureka Street is part of Worcester's District 5.
McGuirk then pulled Haxhiaj away from the vehicle by her back, and Haxhiaj pushed against the officer's body.
"Do not touch me!" Haxhiaj yelled as she was pulled away from the SUV.
Bossolt requested a show-cause hearing on three charges against Haxhiaj, according to the application. Bossolt requested that the councilor be charged with two counts of assault and battery on a police officer and one count of interfering with a police officer.
"Haxhiaj pushed P.O. McGuirk in the chest," the filing reads. "Haxhiaj pulled P.O. McGuirk's arm as she was making an arrest."
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