BOSTON — Boston 25 News Security Analyst and former Boston Police Superintendent Dan Linskey isn't surprised it took over nine months to arrest two men in connection to the beating death of a local father.
Matthew and Steven Potter, sons of a retired Quincy police officer, were arrested on Tuesday and were out on bail on Wednesday following their arraignment.
In Jan. 2019, 44-year-old Christopher McCallum was punched while trying to break up a fight during a concert at an American Legion post in Quincy. McCallum fell to the ground and later died from his injuries.
He was found bloodied and unconscious in the parking lot, but why did it take months until police were able to make an arrest in a case where the suspects had been questioned and had personal items found next to the victim?
Linskey says that if any weapons had been involved in the fight, it would've been an instant felony.
However, due to Massachusetts law, police cannot make an immediate arrest for assault and battery unless they see it happening.
He says that, while police potentially could have made assault and battery-related arrests following the incident, successfully pursuing more elevated charges can be time-consuming.
Linskey adds that getting witnesses before a grand jury, obtaining a final medical examiner's report and the processing of physical evidence can take up to a year.
"I am absolutely confident that the case that was put together in the last several months is much stronger than the case they had four days after the event without evaluating all of the information and locking in statements to the grand jury," said Linskey.
When it comes to the Potter brothers being sons of a retired Quincy Police detective, Linskey says there's no indication that this has worked in either of the suspects favors.
In his personal experiences, he says family members of law enforcement are often more scrutinized by the court system.
Court documents allege Matthew Potter was seen within an arm's length of McCallum's unconscious body and was later pulled over by a Weymouth police officer.
According to the documents, the officer observed a moderate odor of alcohol and facial injuries on Matthew, but ultimately let him go.
Linskey says, in his opinion, the officer did his or her job by documenting the information that is now being used in court documents. He says the officer likely didn't have enough of a reason to take Matthew into custody at that point in time.
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