The attorney for West Springfield Police Capt. Daniel M. O'Brien says the U.S. Attorney's Office has completed its investigation of O'Brien and will not be seeking any charges.
WEST SPRINGFIELD – The attorney for Police Capt. Daniel M. O’Brien said Wednesday the U.S. Attorney’s Office has completed its probe of the officer and will not be seeking charges regarding his treatment of a woman he had in custody in September of 2011.
Timothy M. Burke, O’Brien’s Needham attorney, said he has contacted the city about bringing O’Brien back on the job full time in the Police Department. O’Brien has been on paid administrative leave for about a year and a half.
Burke said he is awaiting word from Mayor Gregory C. Neffinger about reinstating O’Brien.
“He has an impeccable record of service to the community and tremendous support within the Police Department,” Burke said.
Burke declined to outline what sparked the probe. He said he was told the information verbally by Assistant U.S. Attorney Paul Smith and has sought confirmation in writing.
However, Burke said he learned that the U.S. Attorney’s Office does not issue written statements about investigations. The U.S. Attorney’s Office in Boston has a policy of not confirming or denying the existence of an investigation and could not be reached for comment on the case late Wednesday.
The woman was taken into custody during the Eastern States Exposition (Big E) last year. She complained to the Hampden district attorney's office about her treatment by O'Brien. Officials have declined to be specific about the nature of the complaint.
Meanwhile, the 53-year-old O’Brien said he is hopeful of returning to the police force soon.
“It is still seeping in. It is a burden lifted. I feel great,” O’Brien said of the news.
The police officer, who has been with the department since 1988, said he did not think the probe would take as long as it did.
“The process is a lot longer than it should be in my opinion,” Burke said.
O’Brien has been out of work at annual pay of about $100,000 a year and he has been replaced by a sergeant acting out of pay grade, a situation that Neffinger has said concerns him because of the expense.
Neffinger could not be reached for comment Wednesday afternoon as to whether or when O’Brien might be reinstated. The mayor said earlier this week there will be a departmental investigation, but more with regard to police procedures.
O’Brien declined to discuss the specifics of the probe, but said he is concerned that the department does not have a policy as to how to handle drunk or out-of-control people who are spitting and possibly creating a bio-hazard.
O’Brien was one of three finalists last year interviewed by city officials for the post of police chief here. Ultimately, Ronald P. Campurciani was selected as the department’s new chief last fall.