A former sergeant with the Massachusetts Bay Transportation Authority (MBTA) Transit Police Department was sentenced in federal court for his role in helping file a false arrest report after another officer assaulted a homeless man at the Ashmont MBTA Station.
David S. Finnerty, 49, of Rutland, Massachusetts, received two years’ probation and must complete 150 hours of community service. He was also fined $500. The government had sought a two-year prison sentence. Finnerty was convicted in May 2025 on one count of aiding and abetting the filing of a false report, following his indictment by a federal grand jury in August 2023.
“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,” said United States Attorney Leah B. Foley. “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, stated: “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.”
On July 27, 2018, Finnerty supervised Officer Dorston Bartlett during an overnight shift at Ashmont station. At approximately 1:47 a.m., Bartlett struck a homeless man three times with a steel baton without legal justification before arresting him only after the victim reported the incident to local police.
The victim informed Finnerty about the assault during booking and Finnerty later reviewed video footage of the event with two other officers. Despite both colleagues recognizing excessive force had been used, Finnerty claimed he could not determine that from the video.
Rather than reporting Bartlett or releasing the victim as required by department policy, Finnerty worked over several hours to help Bartlett falsify an arrest report intended to justify Bartlett’s actions.
Finnerty first reviewed Bartlett’s draft report—finding inconsistencies with radio calls and video evidence—and advised Bartlett to add more details instead of correcting falsehoods. When further drafts failed to sufficiently justify use of force, Finnerty provided additional false statements for inclusion via cell phone calls that would not be recorded. He ultimately edited the report himself using his computer while referencing departmental policy.
Edits made by Finnerty included adding claims that were contradicted by video evidence: that the victim “jerked” his body; displayed “assaultive” or “resisting” behavior; that Bartlett felt threatened; and that efforts were being made to take the victim into custody at that time. According to prosecutors, Finnerty did not confirm these additions with Bartlett because he knew they were untrue.
After revising the document on his computer without saving it—believing this would erase any digital trace—Finnerty gave it back to Bartlett for submission.
The sentencing announcement was made by U.S. Attorney Leah B. Foley and FBI Special Agent Ted E. Docks. Assistant U.S. Attorneys Kristina E. Barclay and Julien M. Mundele prosecuted the case.
