People attend to Leon Brathwaite at the annual town meeting in April.
Joshua Robinson-White

West Tisbury Building Inspector Arraigned on Assault Charge

Joseph Tierney had a plea of not guilty entered on his behalf by the court for the charge stemming from an alleged altercation at the West Tisbury annual town meeting this spring.

The West Tisbury building inspector was arraigned in Edgartown District Court Thursday on a charge of assault and battery on a person over 60 or disabled. 

Joseph Tierney had a plea of not guilty entered on his behalf by the court for the charge stemming from an alleged altercation at the West Tisbury annual town meeting this spring. 

Town resident Leon Brathwaite claims that Mr. Tierney pushed him over at the town meeting at the West Tisbury School in April, resulting in Mr. Brathwaite receiving medical treatment. 

Mr. Brathwaite and Mr. Tierney were both attending the town meeting and Mr. Brathwaite told police that Mr. Tierney tried to get him to stop talking while another speaker was at the microphone, according to a West Tisbury police report. 

Mr. Brathwaite alleged he leaned in to better hear what Mr. Tierney said when Mr. Tierney pushed him, according to the report. 

Mr. Tierney was investigated by police, who interviewed several witnesses. Two stated that they saw the pushing motion, one recalled seeing Mr. Brathwaite’s two feet solidly on the mat, indicating that he did not trip. One witness who did not see the entire incident told police that Mr. Brathwaite was “not acting like someone who was pushed, he was acting more embarrassed as if he fell,” according to the report. 

In the wake of the alleged incident, the West Tisbury select board signed off on a “last chance” agreement for Mr. Tierney that stipulated he has to complete a conflict resolution course and forfeit a week’s worth of vacation time in order to continue working for the town. 

Mr. Tierney wrote a letter to the board on June 18, apologizing for his conduct. 

“Please know that I was acting out of frustration and I should not have touched Mr. Brathwaite,” Mr. Tierney wrote. “It is conduct that is neither expected of someone in my position, nor is it conduct that I am proud of.”

Mr. Tierney did not speak during his arraignment, which only lasted a few minutes. District court Judge Benjamin Barnes told Mr. Tierney that he needed to stay away and have no contact with Mr. Brathwaite as the case moves forward. 

A pretrial hearing in the case was set for August 21. 

The only discussion point during the arraignment was if the stay away order extended to town hall, where Mr. Tierney works. Mr. Tierney’s attorney Robert Moriarty asked that his client be able to remain in town hall if Mr. Brathwaite comes to conduct business there. 

Assistant district attorney Aileen Kirwin objected to that, but Judge Barnes allowed Mr. Moriarty’s request. 

Mr. Brathwaite attended Thursday’s arraignment, sitting with his attorney.

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