Great Barrington — Five Eagleton School staff members — four accused of assault and battery on disabled students, and one accused of destroying evidence and intimidating a witness — were arraigned in Southern Berkshire District Court Monday morning (February 1), and then released on their own recognizance on the condition that they stay away from the school and its students.
Brian Puntin, Juan Pablo Lopez-Lucas, James Swift and Peter Meadow were all arraigned on charges of separate incidents of assault and battery on a disabled student, two with a dangerous weapon. Debra Davis was accused of intimidation and obstruction. None of the defendants have criminal records, according to the court clerk’s office.
The accused sat somberly through more than two hours of other court proceedings before each was called before Judge Jacklyn Connly, who entered not guilty pleas on their behalf and imposed the prosecutor’s condition that each defendant stay away from school property and students.
A pretrial hearing for the defendants is scheduled for March 10.
The Great Barrington Police Department — with lead investigative officer Jonathan Finnerty — worked with the Massachusetts State Police, the Federal Bureau of Investigation, and the Berkshire County District Attorney’s Office. On Saturday (January 30) 50 members of law enforcement teams descended on the private school for boys, ages 9 to 22, who have cognitive, behavioral, and developmental disabilities. According to joint statement by Town Manager Jennifer Tabakin and Great Barrington Police Chief William Walsh, the evidence-gathering operation followed an investigation begun in early January by the department into allegations of physical and emotional abuse of students. Police were accompanied to the school by officials from the state Department of Early Education and Care (EEC) to “minimize disruption to students, ensure their safety and well-being, and communicate with parents,” the statement said.
The statement further said that “police will remain at the school for the immediate future to ensure that the collection of evidence related to the investigation proceeds in a thorough, coordinated, and orderly manner.” Tabakin and Walsh also noted that the investigation is “active and ongoing, and there are some aspects that cannot be released at this time.” They also wanted to assure the community that there is no danger to the public.
“More information will be released as soon as it is available,” Walsh said.
Court documents say that Brian Puntin, 48, of Lenox Dale was arrested for a September 2015 incident of assault and battery on a disabled person, but did not provide any more details. When arraigned, Puntin told Judge Connly, that as Equine Director at the school, he wished for permission to check on the “well being” of the animals. Connly refused the request for the time being, she said.
Juan Pablo Lopez-Lucas, 34, of Pittsfield, is accused of striking a “student’s head on a picnic table in the equine area” in August 2015. He was arrested for assault and battery on a disabled person with a dangerous weapon. He told Judge Connly that he was having spinal surgery on March 1, and would not be able to attend the March 10 pretrial hearing.
James Swift, 54, of Pittsfield, was charged with an assault on a student on January 1.
The court report says Debra Davis, 41, of Great Barrington set out, in January 2016, to “knowingly and willfully destroy video surveillance evidence of an assault and battery on a victim…carried out by James Swift.” That is the obstruction charge. The “intimidation of a witness” charge issued from accusations that Davis “transferred staff to different buildings” at the school “who had made complaints of assault by other staff in attempts to keep them from reporting the assaults.”
Peter Meadow, 51, of Lenox, is accused of kicking a student with a “shod foot” in December 2015. Meadow was the only defendant with an attorney present. Attorney Lori Levinson requested that any videotaped evidence be preserved for her client’s case, and the prosecutor agreed.
After the hearing Levinson told the press that her client says school staff are “frequently having to defend themselves,” and that the school is “chock full” of video surveillance that she said would “vindicate” her client. She said Meadow also told her he had only worked at the school for 120 days but had been hurt on 240 instances by students, and said the school was “woefully short-staffed.”
She said Meadow has been kicked, pushed, shoved, and bitten on the hand. When asked if Meadow had complained to school officials, Levinson said if he had documented all the assaults he would not have “had time” to do his job, but she would not comment further.
An Eagleton staff member told The Edge that he was unable to comment, but that a formal statement from the school would be issued in a few days.
The school’s website indeed says that it uses technology as one way to promote safety among boys and young men who “have had past difficulties with making healthy decisions.”
“Digital cameras provide constant observation of community living areas in the homes and educational facilities on a 24-hour basis. Motion detectors cover all public areas of the homes and all windows and doors are equipped with security alarms. Every staff member is issued a two-way radio for constant communication and an Administrator on Duty monitors all resident transitions on the campus.”
The school site further says that all staff must be CPR and First Aid trained, and are NAPPI (Non Abusive Psychological and Physical Intervention) trained and certified.
The school was started in 1977 and says it has “helped troubled boys over the last 35 years.” Staff work with students with a range of disabilities in a “residential, psycho-educational treatment facility for boys and young men with Autism, Asperger’s Syndrome, Pervasive Development Disorder, Communication and Cognitive Delays, Behavior Disorders, Emotional Disorders, and Learning Disabilities.”
The school is accredited by the Massachusetts Department of Education (DOE) and Massachusetts Department of Early Education and Care (EEC).
In an updated statement issued Monday evening, Kathleen Hart, Director of Communications and External Affairs for the Department Early Education and Care, affirmed the agency’s commitment to the well-being of Eagleton students: “The health and well-being of the children at the Eagleton School is of utmost importance to the Department of Early Education and Care. EEC is overseeing and actively monitoring the program’s residential operations and will continue to do so to ensure that the children residing at the facility remain safe. EEC is working with law enforcement and officials from the Department of Children and Families and the Department of Elementary and Secondary Education. EEC will take further action as warranted in response to our ongoing investigation.”
District Attorney David Capeless said the “investigators who carried out the execution of the search warrant Saturday night…should be commended for their professionalism and sensitivity to the students’ privacy. The operation was conducted with minimum presence, and reports back to me indicated that normal operations at the school were not disrupted and the students were unaware of the law enforcement presence.”
The Massachusetts State Police Crime Scene Services Section and the Digital Evidence and Multimedia Section participated in the operation. The Berkshire County Sheriff’s Office, as well as members of the Dalton and Williamstown Police Departments, also assisted at the scene.
Capeless says this is an on-going investigation and anyone with information is asked to contact the Massachusetts State Police Detective Unit at (413) 499-1112
Chief Walsh spoke to reporters after the arraignment, but was reluctant to comment. “There’s nothing new and a lot to be done,” Walsh said. “The kids are in very good shape,” he added, when asked if his department needed to do more to ensure students’ safety.
“It’s too bad,” Walsh said of the arrests, “but we’re gonna work through it.”
Statement from Great Barrington officials:
Late Monday afternoon, Great Barrington Town Manager Jennifer Tabakin and Police Chief William Walsh issued the following joint statement, communicating the reactions of town officials:
“Officials from the community, including Town Manager Jennifer Tabakin and Police Chief William Walsh, wish to issue statements today, seeking to update residents on this weekend’s events, including a police operation and search warrant at the Eagleton School and the arrests of five people.
“The Great Barrington Police Department, working with the Massachusetts State Police, the Federal Bureau of Investigation, and the Berkshire County District Attorney’s Office, served a search warrant Saturday at the Eagleton School, a private facility for boys and young men, ages 9 to 22, with cognitive, behavioral, and developmental disabilities.
“As a result of the operation, five people were later arrested and now face a variety of charges in connection with multiple allegations of physical abuse at the school.
“The investigation and weekend operation was conducted with the utmost care and caution as to minimize disruptions.
” ‘Great Barrington cares about its children, and our community is home to a number of public and private schools that cater to students from a variety of backgrounds,’ said Town Manager Jennifer Tabakin. ‘I am proud of our police department’s sensitivity to the issues and the needs of the children at Eagleton. They took a careful and cautious approach in their investigation and operations, meant to minimize any disruptions. Great Barrington appreciates the support of top-level officials from the State Police, the District Attorney’s Office, the Berkshire County Sheriff’s Office, and others who partnered with us during this investigation. We appreciate their careful attention to this matter.’
“Great Barrington Selectboard Chair Sean Stanton stressed that the safety of children and all people living in our community is of the utmost importance.
” ‘Our law enforcement is doing a professional and careful job and are proceeding with the process in a deliberate manner,’ Stanton said. ‘Thankfully, we do not encounter situations like this often, and I am proud of the strong and professional response that shows our first responders are trained and prepared for any situation.’
“Great Barrington Selectboard Vice Chair and Chair of the Berkshire Hills Regional School District Stephen Bannon said: ‘In the Berkshires, we pride ourselves on having wonderful, nurturing and excellent educational programs, camps and therapeutic programs. Eagleton School is an important resource in our area, providing programs for students who have a hard time finding an appropriate placement, and it is disturbing to hear these allegations. Given our caring community, we know how important it is to work through this process.’
“The investigation remains open and ongoing.
” ‘We continue to work with the school and community. Our number one priority is keeping our children safe and secure,’ Police Chief William Walsh said.”
