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    Thursday, May 23, 2024

    Stonington highway department employee will not be prosecuted for on-the-job fight

    Stonington — The New London state’s attorney office has decided not to prosecute a longtime Highway Department employee who was involved in an on-the-job fight with a North Stonington landscaper last summer.

    Court records show that a “nolle” was entered in the assault case against the employee, Timothy Keena of Pawcatuck, and the landscaper, Morgan Dean, on Monday. Records of the case have now been erased from the state judicial department’s online database. Keena had been slated to appear in court Monday and Dean on Feb. 8.

    Keena already had been suspended for five days without pay for his role in the June 23 fight on Prentice Williams Road in Old Mystic. The suspension cost Keena $1,268 in pay; he has worked for the town for 32 years and earns $65,956 in base pay. He also had to attend anger-management counseling outside of work hours.

    Prosecutor Michael Kennedy could not be reached for comment Tuesday about the reason for the nolles but First Selectman Rob Simmons said the two men had reached agreement not to proceed with the case.

    “We’re very happy to have Tim Keena on the job, working hard and doing what he does best, serving the Town of Stonington,” Simmons said.

    Under the town’s workplace violence policy, it had the right to immediately suspend or fire Keena. In 2013 it found Keena violated the policy by threatening an employee. He received a written warning.

    It is unclear if the policy was in effect in 1991, when the town said Keena was verbally abusive to one supervisor and initiated physical contact with his foreman while threatening both men. He received counseling about “how to deal with stress in a positive manner” after that incident.

    Following the June 23 fight, Keena was charged with third-degree assault while Dean was charged with breach of peace, third-degree assault and second-degree assault after police said he assaulted Keena and another highway employee.

    According to police, both Dean, who is a mixed martial arts competitor, and the highway employees agreed that the dispute began when Dean drove his tractor over a freshly paved piece of road to reach a lawn on the street.

    Highway employees began yelling at him to stop and confronted him, using profanities.

    Keena told police he approached Dean with a paving rake in his hand and became involved in an argument with him, asking him “What the (expletive) is your problem?”

    Dean told police that Keena approached him with the rake and began threatening him with it. He said Keena then used the rake like a hockey stick to cross-check him to the bridge of his nose, breaking his glasses.

    Highway worker Joseph Ferraro told police that Dean pushed Keena and Keena pushed back. Dean then punched Keena and Keena retaliated with a punch before falling to the ground, where Dean kicked him in the head.

    Keena told police that Dean shoved and punched him, and he punched him back.

    After Ferraro rushed to help Keena and was punched by Dean, Keena said he got up and grabbed the rake to defend himself.

    According to the warrant, Dean and Keena fought for control of the rake at one point and Dean said he threw it into the yard where he was working.

    He said Keena later began swinging the rake like a baseball bat as three other highway employees were coming at him.

    That’s when Dean picked up a lawn chair “like a lion tamer” and told the four employees coming at him to stop. At that point, the fight stopped.

    j.wojtas@theday.com

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