Domestic assault case against suspended Springfield police officer dismissed

SPRINGFIELD – Although he will not immediately reappear on the Springfield Police Department roster, the criminal case recently filed against Patrol Officer Jeffrey Alicea was dismissed.

Alicea, who has been working in the police force for two years, was arrested last year for allegedly throwing his girlfriend to the ground. His superiors found probable cause to charge him with assault. But his lawyer won the motion to suppress the statements What Alicea did to her colleagues for not reading her Miranda rights.

Although the criminal case is over, Alicea remains on the court’s “decertified” list. Massachusetts Peace Officer Standards and Training (POST) Commission and cannot return to work immediately.

“POST controls the commission. Because Officer Alicea’s certification was revoked, he must appeal for recertification. “POST is economical by not requiring the Board of Police Commissioners to weigh in,” said Stephen J. Buoniconti, the city’s chief attorney.

The POST commission has a policy of not commenting on pending cases.

The POST commission was established in 2020 as a monitoring agency for all law enforcement agencies statewide. This leaves some municipalities and members in limbo, as the commission has final control over whether members can serve as sworn personnel.

In Springfield, the city has a five-member police commission that decides on discipline outside POST’s jurisdiction.

But in terms of Alicea’s legal journey, Springfield District Court Judge Tina Cafaro in 2023 granted a motion by Alicea’s attorney, Daniel Kelly, to suppress statements he made to his superiors at the police station.

The statements were recorded on body camera footage during a 23-minute interview after the alleged incident, according to Kelly.

The woman’s father said Alicea’s ex-girlfriend was allegedly “body slammed” to the ground by him in the midst of a mental health crisis.

The patrol officer was on his way to work and was questioned by his superiors when he arrived for his shift, according to court records.

Lt. Brian Elliot questioned Alicea at the police station.

Elliott told Alicea he was going to Mirandize her and berated her for not immediately calling the police to report that “something was wrong.” He also said that this situation could have been avoided if Alicea had called an ambulance for his girlfriend.

He was arrested after dismissing Alicea and taking the key to the gun locker.

Kelly said Alicea would appeal the decertification.

As for the dismissal, he said it was an open question whether his ex-girlfriend would testify on behalf of the government.

Cafaro dismissed the case on Oct. 31, following the federal government’s unsuccessful attempt last year to have an appeals court overturn Cafaro’s decision to grant a motion to suppress the officer’s statements.

“We are grateful for Judge Cafaro’s decision and the Court of Appeals’ affirmation. This was a unique situation, but our only request was that Mr. Alicea be treated like any other citizen. We weren’t looking for special treatment. But we also didn’t want him to be deprived of his constitutional rights because of what he does for a living,” Kelly said.

MassLive.com writer Luis Fieldman contributed to this report.