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No charges for cop's brother who allegedly got special treatment

by: Mike Beaudet Updated:

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LEXINGTON, Mass. (MyFoxBoston.com) -- A road rage incident in Lexington that raised questions about whether police are protecting one of their own ends without criminal charges.
   
A clerk magistrate in Concord District Court did not find probable cause to issue criminal complaints against the driver, Doug Orr. Orr is the brother of Lexington Police officer Kim Orr.

The incident happened in April when Richard Tighe says Doug Orr ran him off the road in Lexington, but Orr only received a ticket from another Lexington Police officer for failing to stay in his lane.

“I get out and say, ‘Hey you just hit me.' He comes right out to my face. We're face to face now and he's making like he's going to hit me,” said Tighe. “I go, ‘You just hit my car!' He goes, ‘I know, I did it on purpose.'”
   
Witnesses in another vehicle backed up Tighe's version of what happened.

“The older guy's yelling at him like, ‘You just hit me, you just hit me!' And he's like, ‘I did it on purpose!'” said Chris Jordan.

“He took that trailer and forcibly pushed him off the road,” said a second witness, Lance Carter. “The second he had him off the road that guy jumped out of the truck, and he was ready to beat the heck out of that guy.”
   
Lexington police officer John Frissore made no mention of the confrontation in his police report and gave Orr a citation for failure to keep in marked lanes.

“Wow, Mike, this blows me away,” said Tighe upon learning that Officer Frissore knows Doug Orr through Orr's sister, the fellow Lexington cop. “This explains everything for me.”

Following a FOX Undercover investigation in October, Tighe went to Concord District Court to ask a clerk magistrate to charge Orr with operating to endanger, assault and battery with a dangerous weapon, and criminal threats.
   
Orr showed up with his parents, but there was no sign of his sister.
   
Officer Frissore testified at the closed door hearing, but the two witnesses did not show up, despite subpoenas requesting they be there.
   
In the end the clerk decided not to issue criminal complaints against Orr.

“After a full hearing, both sides presented their best case in the way of the evidence. The clerk magistrate determined there is no probable cause to issue any of the complaints,” said Orr's attorney Tim Burke. “I'm not sure he's pleased, but I'm sure he's happy to have the case resolved and over with and it's time to move on.”
   
But Tighe is having trouble letting go.
   
"It happened at the scene and now it happened at the courthouse. I should have known. The courts and the cops, they're all in bed together,” said Tighe. ”I wasn't out for money." All I wanted was justice."
   
Tighe's attorney, Robert D'Auria isn't sure why charges did not issue, but says it didn't help not having the witnesses in court.

“They couldn't make it, so that placed him at somewhat of a disadvantage. Not having those witnesses show up,” said D'Auria.   
   
But Tighe believes it wouldn't have mattered if Pope Francis testified on his behalf.
   
He says he's convinced the outcome was predetermined.
   
Tighe could pursue a civil case against Orr, but he and his attorney say that's unlikely.

Lexington Police are standing behind Officer Frissore and the way he handled the situation.