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Photo Bryan Richardson
Boston DJ Barry Scott suffered nose, head and leg injuries as he was arrested by Provincetown Police on a noise complaint. The photo was taken by Scott’s partner, Bryan Richardson, after Scott was treated and released from Mass. General Hospital. |
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Photo Pru Sowers
Bryan Richardson, who was held in protective custody by police after the incident but was not charged, stands next to the window police said Scott fell against while he was allegedly resisting arrest. Scott is eight inches shorter than Richardson. |
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Police blamed for undue force
By Pru Sowers
Banner Staff
PROVINCETOWN — Police have come under heavy criticism for an incident over the weekend in which four officers subdued a disc jockey at a private party, allegedly throwing him against a wall and causing serious facial injuries.
Boston DJ Barry Scott, who anchors the radio show “Lost 45s with Barry Scott” on CBS radio affiliate FM103.3, was arrested at a 40th birthday party after police had come to the house three times asking him to turn the music down. According to several people at the party, Scott turned the music completely off while police were on the premises for the third time around 10:30 p.m. Saturday. Scott then used a microphone to explain to about 50 attendees why the party was ending early. According to a police report filed by summer officer Anthony Bova, Scott allegedly said, “The Provincetown Police are here to ruin our night. We hate them.” Bova’s report went on to say, “These statements caused approximately 50 bystanders in the back yard to cheer and yell.”
At that point, according to police reports and several witnesses, four officers ran around to the back yard and attempted to arrest Scott for inciting a riot. Police said Scott resisted arrest and, according to Bova’s report, “[Scott’s] nose inadvertently came in contact with the external window frame.” The window frame in question is approximately five feet off the ground while Scott is 5’4” tall.
Scott, a Provincetown homeowner, wouldn’t comment on advice of his attorney, Chris Snow. However, Bryan Richardson, Scott’s partner, who saw the incident and was himself taken into protective custody by police and released several hours later without being charged, said two of the four responding officers, Bova and Officer Michael Barone, another summer officer, pushed Scott into the wall of the house at 4 Holway, kicking him and stepping on his foot.
Scott was treated at the Provincetown jail for a laceration to his nose, as well as excessive bleeding from the inside of his nose. After he made bail and was released, Scott and Richardson drove to Boston where they live and went to the emergency room at Massachusetts General Hospital, where Scott was treated for the nose laceration, contusions and abrasions on his leg, a cut to his right foot and a possible broken toe. X-rays later showed the toe to be only bruised, according to Richardson.
Several witnesses at the party said that Scott said nothing about hating Provincetown police and did not incite a riot. Edward Foley, the owner of 4 Holway who had asked Scott to be the DJ at his birthday party Saturday night, said Scott gave a calm, 30-second speech explaining that the police had shut the party down.
“His explanation was, ‘unfortunately, the Provincetown police are not very happy with us now. At this point, we’re not happy with them. We’re taxpayers here. This should not be happening,’” Foley said. “Then [police] charged at him. When his head came up, his face was gouged, his nose was gouged and his face was bleeding.”
Several witnesses confirmed that Scott did not say anything about hating the police and did make the comment about taxpayers not being able to enjoy a party.
“He never said ‘we hate them,’” added Gary Montague, a party attendee. “I don’t think anyone cheered.”
“I am 53 years old, also a Provincetown homeowner, and I have never witnessed such an extreme over-reaction to a minor offense, i.e. noise levels,” said John Donovan, another party attendee.
Acting Police Chief Warren Tobias, who met with Town Manager Sharon Lynn Tuesday morning about the incident, said Scott had been charged with disturbing the peace, resisting arrest and disorderly conduct. He was arraigned in Orleans District Court Monday morning and pleaded not guilty.
“I will be speaking to the officers [involved] personally. From the extent of his visible injuries, I don’t see signs of excessive force,” Tobias said. “[Scott’s] actions [on the microphone] further incited the attendees, not to incite a riot but to increase the noise we were trying to quell.”
Tobias pointed out that there were multiple complaints about noise at the party, causing police to respond three times that night. Attorney Snow said that all the complaints came from one person on Mechanic Street. The second time police arrived on the scene, they gave a $50 citation to Foley.
Tobias said he was unaware that Richardson, who walks with a cane and was held for several hours before being released, was forced to soil his pants when police allegedly wouldn’t help him use the toilet in his holding cell. Richardson said he is being treated for two split discs in his back and was unable to get off the floor of his cell to use the toilet.
“I don’t know,” Tobias said about Richardson’s complaint. “I just heard it. Let me say we’ll find out.
“We’re not going to overlook this or brush this off,” Tobias said about the incident.
The Massachusetts Gay and Lesbian Anti-Violence Project issued a letter late Tuesday asking Lynn and Tobias to conduct a formal investigation of the incident. Don Gorton, chair of the group, said there may be photos and videos of the arrest made by party guests on their camera phones that could help with the investigation.
“It is difficult to reconcile the degree of injury Mr. Scott suffered with any explanation consistent with the reasonable use of force, particularly in view of Mr. Scott’s physical size. ... Based on what we know now, we are requesting that the town of Provincetown and the Provincetown Police Dept. launch a formal investigation into the use of force against … Mr. Scott, to assess whether there is culpability in the conduct that caused his regrettable injuries,” Gorton wrote in his letter to Lynn and Tobias.
psowers@provincetownbanner.com
This article was corrected on July 19. The article stated that police went to arrest "Bova" and now correctly reads "Scott."
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Jul 19th, 2007