Brockton man who won appeal of first-degree murder conviction is charged with punching trooper

By John R. Ellement, Globe Staff

A Brockton man who successfully appealed his first-degree murder conviction is facing charges that he punched a Massachusetts State Police trooper and stashed small bags of heroin in his buttocks.

Jesus Silva-Santiago is to be arraigned today in Brockton District Court on charges of assault and battery on a police officer, disorderly conduct, resisting arrest, and possession of heroin with intent to distribute, subsequent offense.

Trooper Keith Ledin spotted a car running a stop sign in Brockton and pulled the car over to cite the driver for a traffic violation. As Ledin approached, Silva-Santiago, a passenger in the car, allegedly reached down below his legs, prompting the trooper to ask him to get out of the vehicle, State Police said in a statement.

Once out of the car, Silva-Santiago allegedly threw a punch at Ledin’s face, triggering a wrestling match between the two. Silva-Santiago allegedly broke free of Ledin but was wrestled to the ground about 150 yards down the street.

The two men struggled for about two minutes, during which Ledin used pepper spray on Silva-Santiago, who continued punching the trooper. It was only when Brockton police officers arrived that Silva-Santiago was finally taken into custody, State Police said.

During the booking process, troopers allegedly found that Silva-Santiago had stashed a plastic bag containing 18 small baggies of a brown powder -- the suspected heroin -- between his buttocks cheeks.

The driver of the car was issued a ticket for running a stop sign. No weapons or drugs were found inside the vehicle, State Police said.

The 37-year-old Silva-Santiago was sentenced to life in prison for the June 28, 2003, shooting of Eugene R. Monteiro outside a Brockton nightspot, Mike’s Lounge.

But in 2009, the Supreme Judicial Court invoked its rarely used power to overturn first-degree murder convictions if they conclude justice was not done. The court decided that the closing argument by a Plymouth assistant district attorney in Silva-Santiago’s trial was riddled with errors that could have misled the jury.