A municipal court judge on Tuesday agreed to reinstate a domestic violence charge against a Boston police officer, ruling the court was presented with “erroneous misrepresentations” when the charge was dismissed last week, according to Suffolk District Attorney Rachael Rollins’ office.
Officer Alexis Herrera-Brea Jr. was arrested last Tuesday on a charge of assault and battery with a dangerous weapon, after he allegedly slammed his brother’s head on concrete pavement in a dispute over doing the dishes at a family gathering in Dorchester on June 6.
But the charge was dismissed after his lawyer, Benjamin Megrian, cited a ruling by an Appeals Court judge that pavement cannot be considered a dangerous weapon.
Prosecutors later learned that decision was overturned by the State Supreme Judicial Court.
Rollins’ office immediately filed the a motion to have Judge Paul Treseler reconsider his decision to dismiss the charge.
On Tuesday, the judge agreed to reinstate the charge.
In a statement, Rollins said the judge’s decision corrected “an obvious error . . . I’m grateful that the Court was willing to act swiftly and in the interests of justice to appropriately address this matter.”
In a statement, Megrian said he and his client “respect the Court’s decision.”
“Mr. Herrera-Brea looks forward to clearing himself of these allegations,” he said.
Herrera-Brea Jr. is scheduled to be arraigned on June 30, Rollins’ office said.
Adam Sennott can be reached at firstname.lastname@example.org.