Leah B. Foley United States Attorney for the District of Massachusetts | Department of Justice
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 involved an incident at the Ashmont MBTA Station, where another officer assaulted a homeless man.
David S. Finnerty, 49, of Rutland, Massachusetts, received two years’ probation and must complete 150 hours of community service. He was also ordered to pay a $500 fine. The government had recommended a prison sentence of two years. Finnerty was convicted in May 2025 on one count related to the false report after being indicted by a federal grand jury in August 2023.
United States Attorney Leah B. Foley stated: “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. 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. What he did was a gross betrayal of trust.”
The events occurred during Finnerty’s overnight shift supervision on July 27, 2018. Officer Dorston Bartlett assaulted a homeless man by striking him three times with a steel baton without legal justification at Ashmont station. After the victim reported this assault to local police, Bartlett arrested him.
During booking procedures that followed, Finnerty learned about the alleged assault from the victim and later reviewed video footage with other officers showing excessive force had been used by Bartlett. Despite this evidence and acknowledgment from other officers regarding excessive force, Finnerty claimed insufficient video evidence prevented him from making such determination.
Instead of reporting Bartlett or releasing the victim as required by policy and law enforcement ethics guidelines [https://www.justice.gov/crt/file/832421/download], Finnerty worked for several hours assisting Bartlett in falsifying an arrest report intended to conceal Bartlett’s use of force.
Finnerty reviewed drafts of Bartlett's report that conflicted with available radio calls and videos but advised adding more details rather than correcting inaccuracies. When further drafts failed to justify Bartlett's actions sufficiently through fabrication alone, Finnerty suggested additional false statements via cell phone communication—intentionally avoiding recorded lines—and made changes himself using his computer while referencing departmental policy documents.
The final version included claims contradicted by video evidence—such as assertions that the victim behaved aggressively or resisted arrest—and suggestions that Officer Bartlett perceived immediate threats justifying baton strikes.
After revising these details into Bartlett's report without verifying their accuracy or truthfulness—and believing he left no digital record—Finnerty provided it back for submission.
The sentencing announcement came from U.S Attorney Foley alongside FBI SAC Docks; Assistant U.S Attorneys Kristina E Barclay and Julien M Mundele prosecuted this case.
