LYNN — Judge James LaMothe set bail at $500 for Lynn’s Jessica Wagle, who was charged with resisting arrest and two counts of assault and battery on a police officer after her violent arrest Sunday.
Wagle, 39, appeared in Lynn District Court the Friday morning following Sunday’s incident outside a 33 High St. apartment. Although LaMothe set bail for this particular case, Wagle will be held for 90 days after bail for an earlier assault case was revoked.
A video of Wagle’s arrest taken by a neighbor, showing an officer punching her in the face four times while she struggled on her back, circulated on social media earlier this week.
Prosecutor Gina Del Rio Gazzo argued that officers struck Wagle in the face after she kicked, tried to bite, and reached for the gun of her arresting officers. She said that the officers’ attempt to pepper spray Wagle had no effect on her, and that the officers struck Wagle in order to temporarily subdue and handcuff her.
“The officer then did strike the defendant in the head in order to gain compliance, and it was only after that the officers were finally able to place the defendant into custody,” Del Rio Gazzo said.
Police released body camera footage of the arrest Wednesday evening, alongside a written statement regarding the use of force.
In the statement, Police Chief Christopher Reddy said that the department “requires a review of all Use of Force incidents.”
“Preliminary findings based on the review of this incident reflect that the officers acted within the Lynn Police Use of Force Policy based on Massachusetts Police Training Committee Standards,” Reddy said.
Wagle’s defense attorney Joseph Smith said that while he was concerned by the way police treated his client, he did not wish to discuss the matter at her arraignment.
“The video that I have seen is certainly concerning in terms of the way that Ms. Wagle was treated. That’s certainly not a matter that’s going to be litigated today,” Smith said. “That’s a matter for another day and I’m not going to necessarily dwell upon it at this time.”
Smith requested that Wagle be released under the condition that she attend mandatory drug addiction treatment. LaMothe said he would be hesitant to grant the request, as he had doubts that Wagle would attend the drug counseling.
Wagle, handcuffed behind glass, blurted out a few comments, such as “I’ve been set up for failure,” and “I’ll comply with any order you give me, judge.”
LaMothe said that he would be willing to release Wagle on her prior assault charge under the condition that she attend substance abuse and mental health treatment in the future, but that further discussion and planning was necessary.
Wagle’s pre-trial hearing was set for the morning of April 21 at Lynn District Court.
