A district court judge said Thursday she needs to review police body camera footage before deciding whether to dismiss charges against Worcester City Councilor Etel Haxhiaj for her actions during a federal immigration operation in May.
Worcester police allege that Haxhiaj assaulted an officer and interfered with local law enforcement during the incident. Haxhiaj was among some 30 people who confronted U.S. Immigration and Customs Enforcement agents on Eureka Street as they took a woman into custody. Worcester police say they arrived at the scene after receiving calls expressing concerns about the crowd.
At a hearing Thursday morning, Haxhiaj’s lawyer argued that police body cam footage shows her client did nothing wrong. She asked Worcester District Court Judge Janet McGuiggan to dismiss the charges. McGuiggan responded that she needs to first review the footage and arguments in the case. She set another hearing date for Nov. 19.
As Haxhiaj walked out of the courthouse into the rain, dozens of supporters cheered for her. Haxhiaj told them the allegations against her are “retaliatory.”
“I stand here unequivocally clear before you maintaining my innocence as I have from day one,” she said. “No amount of bogus charges or threats or harassment will intimidate me or keep me quiet, on and off the City Council.”
The Worcester Police Department declined to comment because the case is pending.
Haxhiaj is among a group of Worcester councilors who’ve consistently called for more police accountability in response to a U.S. Department of Justice probe that found local police officers had used excessive force and engaged in “outrageous” sexual conduct. The councilor has defended her actions during the May immigration operation, saying she was only trying to protect her constituents.
Haxhiaj represents council district 5, which includes the neighborhood where the operation took place.
Body camera footage of the incident released by Worcester police shows Haxhiaj pleading with the federal agents not to detain a woman. At one point, a Worcester officer pulls Haxhiaj away from a federal immigration vehicle. In the process, Haxhiaj’s hands make contact with the officer, and the councilor yells, “Do not touch me.”
The police department has alleged that Haxhiaj pushed the officer in the chest and pulled the officer’s arm. Police Chief Paul Saucier has said the councilor was charged because anyone who assaults an officer or interferes with their response will be held accountable.
During the hearing Thursday, Haxhiaj’s lawyer, Elizabeth Halloran, argued her client’s contact with the officer was a natural bodily response to being pulled. Halloran added that the body cam footage shows that Haxhiaj clearly had no intent of harming officers.
But state prosecutor Steven Gagne with the Northwestern District Attorney’s office pushed back. He told the judge that officers instructed Haxhiaj multiple times to move away from the scene, and he disputed that the footage shows she didn’t interfere with local police operations. Gagne said at the very least, the case should go to trial so a jury can issue a verdict.
After the hearing, Haxhiaj’s supporters at the courthouse called the charges against her “trumped up” and politically-motivated because the Worcester Police Department doesn’t like her. Heather-Lyn Haley said the decision to charge Haxhiaj has exacerbated divisions across the community and undercut trust in Worcester police.
“They should be protecting the people who are here,” Haley said. “Many people have seen the video showing she was not being aggressive or violent.”
