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Suffolk DA Convenes Grand Jury For MBTA Officer Accused Of Pulling Gun In Road Rage Incident

Days after a report questioned the Suffolk County District Attorney's Office's handling of an off-duty MBTA officer accused of pulling a gun in a traffic dispute, the prosecutor announced Wednesday, Aug. 10, that he convened a grand jury to investigate the incident. Though, Kevin Hayden said pressure from the media had nothing to do with his decision. 

Kevin Hayden

Kevin Hayden

Photo Credit: Suffolk County District Attorney's Office

“Our office inherited this investigation, along with many others, from the prior administration," Hayden said in a press release. "... Our announcement today comes amid questions about this investigation and the path it took toward a determination to seek charges. It is important to note that there was never any action taken to close this investigation. The ultimate decision to pursue charges in any investigation rests with me, and me alone."

The Boston Globe raised questions over how Hayden handled a report that off-duty MBTA officer Jacob Green pulled a gun on a man named Jason Leonor during a traffic altercation in 2021. Leonor called 911 after the incident. He was still on the line with the operator when an officer pulled his car over. Leonor was stunned to see it was the same man who pulled a gun on him but now wearing a police uniform, NBC Boston said. He wrote Leonor a ticket for a lane violation and had another officer claim to have witnessed what happened while off duty, the news station said. 

Then-Suffolk County DA Rachael Rollins started an investigation into the incident, but that probe floundered after Hayden replaced her, the Boston Globe said. Many people claimed the prosecutor wanted to cover up the incident to protect Green, who donated $225 to Hayden's campaign. Hayden told WBUR that his campaign returned the donation. 

Three Boston city council members tweeted earlier this week that Hayden should resign over the allegations. 

Hayden said his decision to convene the grand jury had nothing to do with outside pressure or media reports. 

"... A person’s job or title does not influence my decisions when it comes to prosecutions," he said. "I understand that today’s announcement will be perceived as a reaction to media reports. I cannot control perceptions. But I can assure everyone that this action would be happening on the same timeline regardless of what attention this investigation did or didn’t attract."

Gov. Charlie Baker appointed Hayden to the position after Rollins became U.S. Attorney for Massachusetts. Democratic voters will decide if he can keep that seat in a Sept. 6 primary election against Boston city councilor and former public defender Ricardo Arroyo. 

Sen. Ed Markey threw his support behind Arroyo following the Boston Globe report. 

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