Ex-Portsmouth doctor loses bail in domestic assault case after drunken driving arrest

PORTSMOUTH — A warrant has been issued for the arrest of a former Portsmouth physician after he violated bail conditions while waiting to be sentenced for domestic violence charges.

Harry Wallus, 46, was arrested on Aug. 19 for operating under the influence in Salisbury, Massachusetts, less than a month before he was expected to plead guilty in his 2022 domestic violence case in Rockingham Superior Court. That led Rockingham County Attorney Patricia Conway to motion for a judge to revoke his bail in that case just weeks before the Sept. 13 plea and sentencing hearing.

Wallus, who previously worked at Portsmouth Regional Hospital, was arrested Feb. 6, 2022, for allegedly assaulting his girlfriend, breaking two of her ribs and choking her. Wallus has been out on bail since his arrest. He agreed to a capped plea deal in which his attorney and prosecutors will argue whether he receives jailtime, no more than nine months. A judge will decide the term, which could include suspended jail time, two years of probation, and to undergo a domestic violence program.

Previous story: Woman shares story of assault by Portsmouth ER doctor charged with domestic violence

Judge David Ruoff granted Conway’s request to revoke Wallus' bail Tuesday, and a warrant was issued. Wallus' attorney, Tom Reid, said he was still expecting a hearing to take place to argue bail before the Sept. 13 sentencing.Conway argued in her motion that Wallus was a danger due to his “flagrant disregard for the law.”

“It appears that the defendant suffers from a severe alcohol problem,” Conway wrote. “The state does not believe the defendant can refrain from drinking alcohol to excess.”

Wallus was also charged with OUI while driving in York, Maine, in 2017, though the charge was dismissed, according to a York County Superior Court clerk.

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Details of Wallus' arrest for drunken driving in Salisbury, Mass.

The night of his Aug. 19 arrest, Wallus was allegedly found in his Ford Explorer parked along Beach Road in Salisbury at approximately 3:30 a.m. by a Salisbury police officer, according to Conway’s motion. She wrote Wallus was sitting in the front seat using his phone and told the officer who approached him he had run out of gas.

Wallus then continued using his phone “as if there was nothing to worry about,” according to Conway. When the officer said he smelled alcohol, Wallus replied he’d had “nothing” to drink. He then proceeded to fail all the roadside sobriety tests and was taken into custody, Conway wrote.

Wallus later that night admitted to having two vodka soda mixtures at his house in Londonderry that evening before driving, according to Conway. She said police also found empty Fireball nips, an alcoholic beverage discarded in the center console and a large Yeti mug filled with an alcoholic drink in his vehicle.

Conway argued in the motion there was enough evidence for probable cause to arrest him for drunken driving.

“It is clear from the police reports in this case that the defendant was highly intoxicated,” Conway wrote.

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Wallus set to be sentenced in domestic assault case

Wallus has been recognized in the past for work at Portsmouth Regional Hospital, including an award for “excellent patient care and outstanding professional relationships with EMS” in 2016, according to a past Facebook post. He also previously served as a part-time Greenland police officer and worked with the Seacoast Emergency Response Team as a civilian.

Wallace no longer holds those positions, however, according to those employers. He still has an active medical license with the New Hampshire Office of Professional Licensure and Certification that is set to expire in 2025.

The Sept. 13 plea deal allows Wallus to avoid a felony that under state law has more potential impact on a medical license than misdemeanors. Wallus was indicted earlier this year on two felony charges of second-degree assault, but he is only pleading guilty to four counts of misdemeanor simple assault — domestic violence.

State law specifies the New Hampshire Board of Medicine may take disciplinary action against licensed physicians convicted of a felony, but it does not say the same for misdemeanors. Still, an operator at the Board of Medicine said in July that the board would likely still review licenses in the event of a conviction whether it was a misdemeanor or felony.

Ashley Gardner, the victim who has spoken publicly about the case, said she has accepted the plea deal as an opportunity to move on with her life and avoid a trial that could result in a lengthy appeal. She told police she was assaulted by Wallus during a fight at his Greenland home.

Gardner told police he hit and kicked her side to break her ribs. She also said he sat on top of her in a way that caused her sweatshirt to strangle her and did not let go as she asked him to stop.

If you need help

As a community service, the following information is published with stories in which domestic and/or sexual violence is alleged, while making no judgment on the guilt or innocence of the accused:

If you need support Haven has trained confidential advocates available. The 24-hour hotline is (603) 994-SAFE (7233). Its confidential online chat service is available Monday to Friday, 9 a.m. to 4 p.m. at havennh.org.

This article originally appeared on Portsmouth Herald: Ex-Portsmouth doctor loses bail in domestic case after OUI arrest