How a student climbing on the roof of a Cape school led to custodian's arrest

During a typical 10 a.m. to 2 p.m. shift, former Barnstable High School custodian Gerald Lopes cleaned up spills; disposed of lunch room trash; and delivered paper towels, bottled water, and printing paper to classrooms.

But at about 10:32 a.m. on Friday, March 22, Lopes found himself struggling to stand after he was tackled by Barnstable Police Officer Matthew Melia, he said, and placed into handcuffs.

"I got arrested for doing my job," said Lopes, who was a custodian at the school for about 18 years.

According to a Barnstable Police report, the school went on lockdown after a student, who was experiencing a mental health crisis, climbed onto the school's roof. When Lopes appeared behind the school to throw trash into a dumpster after a student lunch period, Lopes allegedly ignored Melia's warnings to evacuate the area. Lopes said, "*Expletive* you, I have a job to do," to Melia, according to police documents.

The police report was provided to the Times by the Barnstable District Court Clerk's Office. The student's name wasn't revealed in the police report. According to a public records request, which was provided to the Times on May 3, Melia and School Resource Officer Dennis Stampfl weren't using police body cameras during the incident.

Lopes' case continued to June 17

Lopes, 63, was arrested and charged with intimidation of a witness, disorderly conduct, and resisting arrest, according to court documents. Lopes appeared in court at around 3 p.m. that day, he said, and was released. Lopes appeared in court April 22 for a pre-trial conference, and his case was continued to June 17, he said.

Superintendent of Schools Sara Ahearn emailed the Times and said the incident is a police matter. "Faculty and staff were responding to an emergency situation involving a heightened moment of extreme concern for the well-being and safety of a student," said Ahearn.

School Principal Elizabeth Freedman didn't return calls or emails from the Times.

Police Lieutenant Mark Mellyn told the Times that police can't discuss ongoing investigations.

The school, according to Lopes, issued no warnings to staff about an emergency situation, until after he was arrested. The school is responsible for the safety of students and staff, said Lopes.

"I felt attacked. I feel like this entire situation was racially charged," said Lopes, who identifies as Cape Verdean.

According to Massachusetts school and district profiles, there are currently about 15 African American staff members; 13 Asian employees; 30 employees who identify as Hispanic; three Native Americans; and five staff members who are mixed race within the 2023-2024 Barnstable Public School system. There are about 817 staff members who are white.

What actually happened behind the school?

According to Lopes, the police report is inaccurate. While he admits that he told police that he didn't care about the wellbeing of the student at that time, he said his reaction was in response to Melia's behavior.

"I go out there and the cop says, 'Get the *expletive* back in the building — the building is on lockdown,'" said Lopes.

Another custodian, who Lopes didn't name, was following Lopes out of the cafeteria at the same time — also carrying trash. Melia also yelled and swore at that custodian and kicked his trash can, said Lopes.

According to the police report, when Melia tried to cuff Lopes, he grabbed wooden pallets located on the loading dock, and refused to put his hands behind his back. Lopes was cuffed firmly, according to the police report, but "not to impede circulation."

Lopes said he was tackled onto the pallets by Melia and was handcuffed so tightly that the metal bracelets split his skin. Lopes provided photos to the Times of his wrists and arms, which showed cuts and bruises. The injuries, he said, were the result of his encounter with police.

"All that cop had to do was talk to me with some kind of respect," said Lopes. "You don't talk to people like that. Especially another town employee."

The Cape and Islands District Attorney's Office declined to speak on the matter, according to Danielle Whitney, who directs community programs and public relations for the office.

Was the school on lockdown?

In the police report, Melia added a note that said: the entire school was on lockdown due to the issue at hand.

But Lopes claims the school wasn’t on lockdown. "Lunch was in session and kids and teachers were in the lunchroom at that time," he said. "No one in the building even knew what was going on."

Ahearn told the Times in an email that Freedman issued a communication to faculty and staff to ensure that no one, adults included, went behind the building.

The problem, said Lopes, is that the email was sent by Freedman at 11:11 a.m., after he was arrested. Lopes provided a time-stamped screenshot of Freedman's email to the Times. In the same email, Freedman said the situation with the student was not a safety issue.

Massachusetts Association of School Committee Executive Director Glenn Koocher said it's clear when a school is on lockdown.

"It means everyone stays in their classroom and nobody comes out. There may be an exemption for custodians who are needed to unlock doors and move things around," said Koocher.

Was Lopes forced to retire?

In his professional career at the school, he has been issued one warning for swearing to another employee in about 2022, according to Lopes.

After the incident, Lopes said he wasn't given the option to go on administrative leave.

Ahearn, the school superintendent, said Wednesday by email that she could not comment on an individual's personnel history, when asked to confirm Lopes' statements about any previous warnings he received or his options for administrative leave.

"The school should’ve put me on administrative leave until the investigation and the court process was over," he said. "That’s what they normally do."

According to Koocher, dangerousness applies when determining administrative leave. If a staff member has been arrested for a domestic dispute or if there's a question of safety surrounding an alleged perpetrator, then the district might put that person on administrative leave, said Koocher.

"It seems like he could have easily been reinstated," said Koocher of Lopes. "It also sounds like more needs to be unraveled here."

On March 25, the Monday after his arrest, Lopes said his daughter, Ashley Lopes, who is also a custodian at the school, showed up to his home. His daughter told Lopes that head custodian John Walsh had been trying to reach him. Walsh had told Ashley Lopes that the town Human Resources Office was requiring Lopes to submit his retirement papers by 3 p.m., according to Lopes. If the retirement papers weren't signed, there was the risk of being terminated, causing him to lose his retirement pension and benefits, Lopes said.

"I felt pressured. I didn't know what else to do and they weren't giving me a lot of time to decide," said Lopes. "I went down there and signed the papers."

Walsh told the Times over the phone on May 3 that he had no comment on Lopes' arrest or status at the school.

Lopes will receive $1,600 per month for his current retirement pension, which "isn't much," said Lopes, because of tax and insurance deductions.

Lopes was also paid for seven weeks of vacation time, he said, and is still owed 119 hours of sick time by the town.

Town of Barnstable Human Resources Executive Director William Cole didn't return calls or emails from the Times.

What's next for Lopes?

Because of the incident, Lopes now faces 2.5 years in prison if found guilty, he said. Interactions "like this," he said, between people of color and the police are traumatic.

"After I was arrested, another custodian who saw everything that happened left work that day. He cried," said Lopes. "He was rattled, and upset."

Despite the experience, Lopes said he will miss the time he has spent with students, teachers, and staff throughout the school district.

"I've said hello to probably thousands of students at the high school over the last two decades. I've seen 17 years of students graduating. I was looking forward to seeing a few more," he said.

Rachael Devaney writes about community and culture. Reach her at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.

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This article originally appeared on Cape Cod Times: Barnstable school custodian arrested during student health crisis