A court hearing will soon determine whether an accusation against West Tisbury’s building inspector that he shoved a man at town meeting earlier this year will proceed as a criminal case.
Thomas Orr, an attorney representing West Tisbury resident and former Dukes County Commissioner Leon Brathwaite, sent a letter, dated May 16, to the town alleging West Tisbury building inspector Joseph Tierney shoved his client, unprovoked, while residents were working their way through the town warrant in the West Tisbury School gymnasium.
A non-public court hearing has been scheduled at the Edgartown District Court. Tierney could be facing charges of assault and battery on an elderly person.
In the letter to the town, Orr said the alleged shove caused Brathwaite to “knock into a row of chairs” where he suffered bruising; he also claimed that Brathwaite was diagnosed with deep vein thrombosis below his right knee in the days following the incident.
“Perhaps more concerning, Mr. Brathwaite lives in fear of encountering Mr. Tierney again — an employee who may still be representing the town, and enjoys public authority,” Orr wrote.
Orr asked the town whether it would conduct an investigation of Tierney, and requested a meeting with West Tisbury officials.
The West Tisbury Select Board went into executive session on Wednesday to discuss the issue. Jennifer Rand, West Tisbury town administrator, told The Times on Monday that the town has no comment, and anything regarding this matter was being handled through executive sessions.
Tierney declined to comment. As of Monday, he was still employed by the town.
According to a West Tisbury Police report from April, Tierney told an officer he was trying to get Brathwaite to quiet down during the meeting, prior to the incident occurring.
Brathwaite told police Tierney shoved him with two hands. Two witnesses also told police they saw Tierney push Brathwaite, according to the police report.
Tierney told police that he had made a “backhand motion” with his hand when he came into contact with Brathwaite, which caused him to fall. One witness told police Tierney attempted to catch Brathwaite before he fell.
While Tierney suggested to police that a mat bubble on the floor may have contributed to Brathwaite’s fall, the report stated the bubble was five feet closer to the stage than where Brathwaite was standing.
Footage of the incident was partially caught on MVTV’s recording of the West Tisbury annual town meeting. The camera caught the gasping reactions of voters after seeing Brathwaite fall, and when he was helped out of the building by first responders. It did not show Brathwaite the moment he fell.
Orr, Brathwaite’s attorney, declined to provide further comment.
West Tisbury Police Chief Matt Mincone said his department has applied for a “show cause hearing,” also called a magistrate hearing. This is a private hearing in which a clerk-magistrate determines whether there’s enough evidence for a case to advance to a criminal complaint. That’s scheduled for June 10 in Edgartown District Court.
Tierney had been told by police they planned to charge him with a count of assault and battery on an elderly person, according to the report.
I know all the building inspectors on the island. When I saw the headline, before I read the story, I knew who it would be about.
Looks like a person wanting a payday out of nothing.
You don’t put two hands on a 79 year old man and cause them to fall. I don’t understand how you consider this nothing.
There is absolutely no reason whatsoever for someone to put their hands on another person, let alone a senior citizen.
I do not believe Joseph Tierney shoved him, there should not be charges against him. It was a misunderstanding and Orr tripped up.
I was not at the meeting nor have I had contact with any of the parties involved. However what I can speak on is my past relationship with Joseph Tierney. He trained me as a firefighter in Tisbury and he was my lieutenant on 623 The Legion Pumper out of Tisbury. I’ve spent many hours over the years with Joe in situations from calm to highly stressful and in all those times I never saw him be violently aggressive physically or verbally. Mr. Tierney has always been a consummate professional. A person with great character who has given many years of service to the people on this island. I wish more people gave of themselves as much as Mr. Tierney has.
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