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BOSTON, Dec. 16, 2016—A Malden man remains held on bail following his indictment on hate crime charges for allegedly beating a man with a brick in a bias-motivated assault, Suffolk County District Attorney Daniel F. Conley said.

STEPHEN FUSCO (D.O.B. 8/28/67) of Malden was arraigned today in Suffolk Superior Court on charges of violating a person’s civil rights, assault and battery with a dangerous weapon, and assault and battery with the intent to intimidate based on nation of origin.  At the request of Assistant District Attorney Christina Miller, Conley’s point prosecutor for civil rights violations, Clerk Magistrate Edward Curley set bail in the amount of $20,000. 

Fusco has remained held on $20,000 bail since his Aug. 5 arraignment in Boston Municipal Court.  A Suffolk County grand jury indicted Fusco in connection with the case on Nov. 8.  Today’s arraignment transfers the case from Boston Municipal Court to Suffolk Superior Court, where it will be adjudicated.

Miller told the court that shortly after 5:00 p.m. on Aug. 4, Fusco approached the 32-year-old victim on the commuter rail platform at North Station.  After questioning the victim about where he was from and whether he spoke English, Fusco allegedly struck the victim in the head with a brick, causing him to fall into the back of a stopped commuter rail train. 

The assault was witnessed by three Keolis employees who detained Fusco until Transit Police arrived.  Fusco had blood on his hands when approached by officers and allegedly made post-Miranda statements that he used a brick to strike the victim because his hand hurt from having hit another person earlier that day, prosecutors said.

The victim suffered a five-inch gash to his forehead and lacerations to his nose.  He was transported to Massachusetts General Hospital for treatment.

“There is no room for this kind of behavior in civilized society,”   Conley said.  “Everyone has the right to feel safe and secure, no matter who they are, where they’re from, how they worship, or what language they speak.  Violating those rights is a crime we take seriously in Boston and Suffolk County. I want to thank the civilian witnesses and Transit Police officers who stepped in to help the victim and took action to identify the assailant.”

Erica Baganza is the DA’s assigned victim-witness advocate.  Fusco was represented by Arnold Abelow.  He returns to court February 9.

Transit Police Superintendent Richard Sullivan echoed DA Conleys statement, " The Transit Police Department is committed to safeguarding the constitutional rights of all individuals regardless of their race, ethnicity, religious beliefs, sexual orientation or gender identity. We will vigorously pursue anyone who commits such despicable acts on the MBTA. Chief Green and I want to thank our most valued partners at the Suffolk County District Attorneys Office for their ardent prosecution of this case and our dedicated detectives and officers for their tireless efforts to ensure the defendant is held responsible".

tpdnews.