A judge announced on Thursday shew will review body camera footage and arguments before she rules on whether to dismiss charges against a Worcester City Councilor who confronted federal immigration agents and police officers during an operation on May 8.
District 5 Councilor Etel Haxhiaj was charged on June 4 with one misdemeanor count of assault and battery on a police officer and one common law violation for interfering with a police officer.
The charges stem against Haxhiaj’s actions on May 8, where she confronted and protested Immigration and Customs Enforcement (ICE) agents on Eureka Street in Worcester. The agents were arresting 40-year-old Rosane Ferreira-De Oliveira, a Brazilian mother of three.
Haxhiaj sought to dismiss the charges in a hearing on Thursday morning.
The prosecution, represented by Northwest District Attorney’s office stated that there was probable cause to move to trial. Haxhiaj’s lawyer, Elizabeth K. Halloran argued that the body camera footage from police shows that Haxhiaj did not intentionally try to touch Police Officer Shauna McGuirk.
Judge Janet J. McGuiggan ruled that she would take time to review the body camera footage featuring Haxhiaj before deciding whether to dismiss the charges.
As she exited the court into the rain, Haxhiaj was greeted by her supporters.
“We will keep standing up for our neighbors dignity, human rights and constitutional right to due process,” Haxhiaj said. “And no amount of bogus charges or threats will intimidate me or keep me quiet on or off the city council.”
Police body camera footage released by the city featured video of councilor grabbing the 40-year-old’s arm and pleading with the agents not to take her. Two of the ICE agents then flung Haxhiaj off of Ferreira-De Oliveira, as seen in the footage.
Video from Officer Shauna McGuirk’s body camera showed Haxhiaj and Ferreira-De Oliveira’s daughter, Augusta Clara Moura, standing next a gold SUV. Ferreira-De Oliveira was placed inside of the vehicle by ICE agents during the arrest.
In the footage the agents and McGuirk tell both Haxhiaj and Clara Moura to move away from the SUV.
McGuirk then grabbed Clara Moura’s arm, telling her she needed to “come on.” Clara Moura looked down at her arm and responded, “No, no, no, no.”
The officer released her arm and an agent then warned Clara Moura and Haxhiaj that they both could be charged for their actions
“I don’t understand,” Haxhiaj said and told McGuirk that she had the right to be there as a district councilor. Eureka Street is part of Worcester’s District 5.
McGuirk then pulled Haxhiaj away from the vehicle by her back, and Haxhiaj pushed against the officer’s body.
“Do not touch me!” Haxhiaj yelled as she was pulled away from the SUV.
Just four days after the ICE operation, Worcester police filed a criminal complaint against Haxhiaj.
Bossolt requested a show-cause hearing on three charges against Haxhiaj, according to the application. Bossolt requested that the councilor be charged with two counts of assault and battery on a police officer and one count of interfering with a police officer.
“Haxhiaj pushed P.O. McGuirk in the chest,” the filing reads. “Haxhiaj pulled P.O. McGuirk’s arm as she was making an arrest.”
The status hearing for Haxhiaj will coincide with another status hearing for Ashley Spring, a former Worcester School Committee candidate who was charged after they doused water on a police officer during the ICE arrest.
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