On Saturday, January 20, 2018, I was assigned to marked unit West-6 and on routine patrol. At approximately 12:33 AM while driving by the XXXX, a bar located at 2XX Elm Street, I noticed several males engaged in an argument near the entrance. I was then immediately flagged down by a male who works as a bouncer at the Burren, later identified as Mr. XXXX.
As I exited my cruiser, Mr. XXXX pointed to a male later identified as the defendant, Mr. Joseph Barry, stating he just got in a fight with an individual inside. He said that the “other guy” was really bloody. I asked Mr. XXXX to go inside and find the victim as I went and spoke with Mr. Barry. I immediately noticed that Mr. Barry had blood on his hands and a mark on the left side of his face near his temple. I asked him what had happened, and he stated that he got into a fight with someone inside. He said he was elbowed in the side of the head. At this point several other units had responded to my location. I asked Officer Mclaughlin (West-7) and Officer Torres (West-5) to stand by with Mr. Barry as I went and spoke with the other involved party who had just exited the bar.
I identified the other involved individual as Mr. YYYY. Mr. YYYY had blood on his face and was holding a shirt up to his mouth. I asked him what happened, and he told me the following: He was trying to make his way through the crowd in the rear of the bar to leave. He asked Mr. Barry to step out of the way so he could get by. He and Mr. Barry exchanged some words, and when he attempted to place his hand on his side and slide by him, he was struck in the face with “a glass.” At that point he said that Mr. Barry began to repeatedly punch him in the face until the two fell to the floor and were separated by Mr. XXXX. He also informed me that he did not attempt to fight back at all. I noticed as he removed the shirt from his face, that there was a laceration of approximately 1 inch on his lip. I notified dispatch to start EMS to my location to have Mr. YYYY medically assessed.
While medical staff attended to Mr. YYYY, I spoke in more detail with Mr. XXXX. He told me that he was in the back bar and observed Mr. Barry move his hand in a striking motion towards Mr. YYYY’s face, at which point a large amount of beer went flying. He then stated that Mr. Barry began to strike Mr. YYYY violently as they both went to the ground, and continued to throw punches as Mr. YYYY attempted to cover his face. I asked Mr. XXXX if at any point he saw anything in Mr. Barry’s hands. He said he did not, but based on the amount of beer he saw, he estimated he had a drink in his hand at the time of the initial strike. I asked if they were serving drinks, specifically beer, in glasses at the time, and he said they were. Additionally, he informed me there were no cameras inside the establishment.
I went back to Mr. Barry and asked him if he had struck Mr. YYYY with a glass prior to punching him in the face. He said that he had a beer in his hand but it was not in a glass, and he did not strike him with it. I then asked if it was in a bottle, can or plastic cup; he said it was in a can. A friend of Mr. Barry’s identified as Mr. ZZZZ said that there was no object involved in the fight. I asked him if he witnessed the entire fight, but stated that he turned around only in time to see the two already engaged in a fight, and did not see the start.
Based on the above facts and statements, I placed Mr. Barry in handcuffs (double locked) on the charge of MGL c. 265 S15A – Assault and Battery With a Dangerous Weapon (Glass). Mr. Barry was transported to the Somerville Police Department in marked unit 200, operated by Officer Berrouet. He was booked by Lieutenant Lavey upon arrival. Sergeant Marino (S-8) took photos of the victim’s injuries with a department issued camera on scene. I photographed the injury to Mr. Barry with a department issued camera at the station. All of these photos are attached to this report.
Officer Kevin Goulart #326