By Staff

BOSTON (CBS) — The Suffolk County District Attorney’s Office is asking the court to allow the prosecution of a Boston Police officer for domestic assault.

Alexis Herrera-Brea was arrested Tuesday for domestic assault involving a “non-intimate family member,” the Boston Police Department said. Herrera-Brea allegedly slammed the man onto the driveway. Herrera-Brea faced felony charges of assault with a dangerous weapon.

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The case was dismissed when the defense cited a Massachusetts Appeals Court finding which stated pavement cannot be a dangerous weapon. However, the district attorney’s office has filed a motion for reconsideration Wednesday, citing the Supreme Judicial Court’s overruling of the appeals court, in which pavement could be considered a dangerous weapon.

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According to a filing by the Suffolk County District Attorney’s Office, “there are sufficient facts to establish probable cause to believe that the defendant intended to inflict serious harm by slamming the alleged victim into the ground of a driveway with such force that he (the alleged victim) thought he might have a concussion.”

“Our office intends to proceed with this felony prosecution,” the district attorney’s office said in a statement.

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The Boston Police Department said that Herrera-Brea has been placed on administrative leave. Staff