Ex-Portsmouth ER doctor gets 9 months in jail for domestic violence: Victim 'feels heard'

BRENTWOOD — Former Portsmouth physician Harry Wallus said he was "ashamed" and "remorseful" for strangling and punching his girlfriend, but a judge Friday still sentenced him to 9 months in jail.

Handcuffed in an orange inmate jumpsuit, Wallus, 47, told Judge David Ruoff that he took full responsibility for hurting Ashley Gardner on Feb. 6, 2022. He was in Rockingham Superior Court Friday to be sentenced on four counts of simple assault domestic violence and was asking for a sentence of 60 days in jail.

“I wish I could give a justification for that day,” Wallus said. “But there is no justification.”

Ruoff said he commended Wallus for taking responsibility for his actions but said he could not ignore the facts of what happened inside his Greenland home.

Police said Wallus bloodied Gardner’s face and broke her ribs by pushing her to the ground, strangled her, pulled her hair and struck her in the torso. Ruoff reviewed cellphone footage and said he used the victim’s impact statement to help understand a timeline of events that day.

“My decision is based on the level of violence that I think played itself out in that room that morning,” Ruoff said.

Wallus, who previously led the Portsmouth Regional Hospital emergency room and served as a civilian member of the Seacoast Emergency Response Team, was escorted from the courtroom to serve his sentence. His sentence also included 36 months of jail time suspended for three years after his release.

Gardner, who has spoken openly about the assault by Wallus, said she wished the man received more jail time but was satisfied with the judge’s ruling.

“At least this is better than no time,” Gardner said.

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

Prosecutors outline why Wallus should receive maximum sentence

Friday’s hearing was a capped plea and sentencing hearing, in which prosecutors and the defense agree to charges in a plea deal, then argue about the severity of the sentence before a judge. Wallus’ attorney was asking for only 60 days in jail, while prosecutors sought the maximum 9 months agreed to in the deal.

Rockingham Assistant County Attorney Sharon Ray recounted what happened that day according to Gardner’s testimony and the police investigation.

Police say Gardner showed Wallus a picture on her phone. As Wallus looked at the phone, Ray said a text came through that Gardner knew Wallus would not like. It was a message from a friend in a conversation in which she and Gardner talked about leaving their boyfriends and running away to live together.

“He became enraged,” Ray said.

Ray then described how police say he punched Gardner, smashed her head, pulled out clumps of her hair, and strangled her with her sweatshirt while sitting on top of her. When Gardner told Amazon Alexa to call 911, she said, Wallus threw the Alexa against the wall.

The struggle continued, she said, during which Gardner was then locked out of the house topless for several minutes before Wallus unlocked the door. Ray said Gardner then ran upstairs, chased by Wallus, and finally called 911 while hiding locked in a bathroom.

Ray listed the injuries Gardner suffered, including a concussion, two broken ribs, a bloody nose, multiple bruises, and chunks of hair pulled from her head.

Ray also said prosecutors were aware of other instances in which Wallus allegedly used physical force against Gardner, though the charges brought against Wallus only referred to what happened on Feb. 6, 2022.She said Wallus punched Gardner and gave her a black eye in 2021, and Gardner said in her impact statement that Wallus also strangled her in 2018.

Ray said it was important for the court to hear about the pattern of abuse as to why Wallus should undergo batterer’s treatment, which was also up for debate in the capped plea and sentencing. Ruoff included that in his sentence.

In her victim impact statement, Gardner described meeting Wallus through work in the medical field in 2015 and thinking he was her “soul mate.” She described how over time Wallus began to control her, though. She said he pointed to his status as a doctor in the first responder community to make her feel like no one would take her word over his about their relationship.

“Harry would constantly remind me… no one would ever believe me,” Gardner said. “The trauma affects me every day of my life.”

Wallus says he’s ‘ashamed, embarrassed, mostly remorseful’

Wallus’ attorney Tom Reid told the court his client does not dispute his actions were inexcusable the morning he assaulted Gardner and acknowledged that Wallus had a drinking problem. Reid made the case for only 60 days of jail time and forgoing the batterer’s treatment, painting Wallus as a person driven to help people at the highest professional level.

“A guy who said his goal is to help people,” Reid said.

Reid continued that many in the medical profession resort to substance abuse as a coping mechanism. Gardner described Wallus’ drinking constantly during their relationship and that he often drove while intoxicated. Reid said there was no denying Wallus has struggled with alcohol and that he is ready to work on improving himself.

“I hope the court… takes into consideration that Harry’s lost everything,” Reid said. “He has an opportunity to build himself back up.”

Reid also challenged Gardner’s claim that Wallus was controlling. He said his client did not deny Gardner opportunities to work or spend time out of the house that Gardner alleged in her impact statement. He said footage from Gardner’s phone that night showed Wallus sitting and playing video games during the incident, indicating there were moments when Wallus was not restraining her.

“It’s not what their relationship was,” Reid said.

When Wallus spoke, he turned to Gardner and gave an apology.

“Ash, for my role in that morning, I am really sorry,” Wallus said. “Ashamed, embarrassed, mostly remorseful.”

Wallus told the judge he had a lot of time to consider his actions since going to jail. Wallus was incarcerated for violating bail after he was arrested in Salisbury, Massachusetts for drunken driving on Aug. 19.

He described at length his experience so far in his jail cell, where a light shines 24 hours a day. He said there is nothing to read or write with, and he has to use a 2½ foot partition as both a table and for privacy when using the toilet.

“It gave me a lot of time to just sit there with yourself and your thoughts,” Wallus said.

Wallus was also supported by several members of his family, including his mother and brother, who defended Wallus’ character.

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Victim feels heard after sentencing

When Ruoff handed down his sentence, he opened by saying it was true Wallus had more standing in the community than most people who come through the courtroom. He also said he understood how many in the medical field experience trauma and understood why Wallus might have turned to alcohol. He said often people remain in relationships that are toxic for a variety of reasons, as well.

Ruoff said he was also suspicious of some of the remarks Wallus made during his comments to the court. Wallus had addressed Gardner’s family as well, which Ruoff said came off as potentially “manipulative.” He said when Wallus told the court he knew where Gardner lived but had chosen not to see her, it appeared to be a power move.

“That’s a penetrating comment to her,” Ruoff said.

Ruoff went on to say that the circumstances of Wallus’ life, including his work challenges and drinking to cope, could be destructive.

“You are just a time bomb waiting to explode here, sir,” Ruoff said.

Gardner said she at first thought Ruoff was going to be lenient with Wallus when he began speaking about Wallus’ standing in the community and the challenges of his field. She said she was relieved when she realized he was preparing to hand down the maximum jail sentence.

Gardner wishes that Wallus was convicted of the felonies for which he was indicted earlier this year. Two counts of second-degree assault, which could have threatened his medical license status under state law, were dropped as part of the plea deal. She is grateful that Wallus is spending time in jail, however, and has been grateful to share her story since Wallus was indicted.

“I feel heard,” Gardner said.

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 ER doctor gets 9 months in jail for domestic violence