The Boston Police Department (BPD) is facing scrutiny for its failure to produce records related to an internal affairs investigation concerning Officer Triston Champagnie, who is under investigation for his involvement in a high-speed chase that resulted in the deaths of three teenagers.
Attorney Zachary Cloud has filed a motion requesting that the court hold the Boston Police in contempt and dismiss a case against his client, Joe Simmons Jr., who was indicted on firearms charges stemming from an encounter involving the officer under investigation.
Suffolk Superior Judge Katie Rayburn reviewed Cloud’s request on Tuesday and has taken it under advisement, while the BPD’s internal affairs investigation into Champagnie continues more than a year after its initiation.
Champagnie arrested Simmons on June 20, 2023, in Dorchester, on firearms charges after discovering a loaded Kel-Tec P-11 pistol in the glove compartment of Simmons’ girlfriend’s SUV.
The officer initiated the traffic stop early that morning after Simmons allegedly failed to adhere to traffic signals by driving through a red light and not using a turn signal.
Cloud has raised concerns regarding Champagnie’s credibility, labeling it a “key issue” for the judge during any forthcoming motion to suppress hearing, particularly since significant moments from the traffic stop occurred before Champagnie’s body camera was activated.
Suffolk Assistant District Attorney Danielle Madden countered Cloud’s claims, asserting that Champagnie’s body camera captured “every portion of the interaction (except for) the reason for the stop.”
Defense counsel’s apprehensions intensified upon learning last summer that both the Suffolk County District Attorney’s Office and the BPD were investigating Champagnie in connection with a fatal high-speed chase in January 2024.
In that incident, Champagnie was a passenger in a police vehicle pursuing a suspected stolen car at high speed, despite him acknowledging a command from a supervisor to terminate the chase.
The crash claimed the lives of three teenagers, while a fourth occupant of the vehicle survived.
In the aftermath of the incident, a pistol was found within the vehicle, but the DA’s office did not bring criminal charges against either Champagnie or Officer Matthew Farley, who drove the vehicle during the chase.
Both officers remain under scrutiny from the ongoing BPD internal affairs investigation and are prohibited from possessing department-issued firearms and uniforms, as reported by the Boston Globe last week.
Despite a court order, the BPD has not provided internal affairs records that Simmons’ defense team requested last August, leading Cloud to argue for the dismissal of his client’s case.
In court, Cloud stated that the dismissal is an “appropriate remedy,” given the duration of delays and the apparent defiance of the court’s order by the BPD.
“They flat out refused to comply with the court’s orders,” Cloud criticized, stressing the disparity in consequences between police officers and defendants like Simmons who risk contempt charges for non-compliance.
Robert Arcangeli, an assistant corporation counsel for the BPD, defended the department, stating that the situation is complicated by the ongoing nature of the investigation, which entails interviews that were still occurring as recently as Monday.
“The department wants to conduct its investigation free of having to publicly release this information where it’s available to the officers who are subject to the investigation,” Arcangeli explained, emphasizing that thorough investigations require time.
Cloud reported that a police attorney informed him on Monday that he could visit BPD headquarters to seek documents; however, he argued that this arrangement does not satisfactorily resolve the matter.
Cloud characterized the delay in providing the internal affairs complaints against Champagnie—who earned $111,387.05 in total pay last year—as “unthinkable.”
One particular complaint was filed following an incident in June 2023, mere days prior to Simmons’ arrest, where Champagnie was accused of improperly handling a firearm, causing it to discharge and damage property.
As the ongoing legal proceedings continue to drag on for Simmons, who has a prior criminal record, he is reportedly missing out on job opportunities due to the lack of available exculpatory internal affairs files.
In an opposition to Cloud’s motion to dismiss, filed on Monday, ADA Madden contended that “because the defendant suffers no prejudice, no remedy is necessary, and sanctions are not appropriate,” asserting there has been no intentional misconduct or bad faith from the prosecution.
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