A Fall River cop is guilty of brutality, and police are conducting their own investigation

FALL RIVER — Nicholas Hoar, the 37-year-old Fall River police officer found guilty in federal court on Feb. 1 for assaulting a prisoner with a police baton and lying about it to cover up the assault, resigned from the Fall River Police Department days after his conviction.

With Hoar free on bail as he awaits sentencing on April 24, the Fall River Police Department is moving ahead with internal investigations into the assault on William Harvey, 58, inside a jail cell at police headquarters on Dec. 21, 2020.

After a four-day trial, a jury convicted Hoar of depriving Harvey of his civil rights under color of law and two counts of filing false reports.

Harvey, who was charged with felony assault on a police officer until Hoar’s indictment and investigation by the FBI, did not testify at trial.

Officer found guilty: Nicholas Hoar convicted in excessive force case

Harvey, a Las Vegas resident, spent over 200 days in jail before the Bristol County District Attorney's Office dropped the felony charge. Before the federal criminal trial, Harvey settled a civil suit against the city for $65,000.

At trial, the prosecution presented evidence that between 2016 and 2020, Hoar was required to file 28 use-of-force reports, with two incidents involving police batons.

In 2017, a year into his joining the police department, Hoar fired six shots into a car in the Industrial Park after breaking up a drag racing incident, killing a 19-year-old New Bedford man who was driving the car with his father and another man as passengers.

The District Attorney's office cleared Hoar of any wrongdoing, but the dead man's family is suing Hoar, the city and members of the Fall River Police Department in a multimillion-dollar federal civil lawsuit.

The case was placed on hold pending Hoar's criminal trial.

According to federal court documents, both the family's attorneys and the attorney Fall River hired to defend the lawsuit agreed to enter into an "alternative resolution dispute" program to mediate settling the case.

Police certification suspended: A state board has punished two Fall River police officers. Here's why.

POST wants completed internal investigation, says chief

“He is no longer a member of the Fall River Police Department,” said Police Chief Paul Gauvin of Hoar’s status. “Right now, as it stands, even though Nick has been convicted, based on the rules and regulations of the Massachusetts Peace Officer Standards and Training (POST) Commission, we still have to complete the internal investigation.”

The POST Commission was created as part of a sweeping law enforcement reform effort in Massachusetts. The commission certifies police officers, and can decertify them or suspend their certification.

The internal investigation is under the direction of Sgt. Moses Pereira, who oversees the department’s Office of Professional Standards. It will include two Fall River patrol officers, Brendan McNerney and Zachary Vorce, who were subjects of testimony at Hoar’s trial.

Officers who did not testify, part of the internal probe

McNerney and Vorce did not testify in the Hoar trial. But the two officers were identified in testimony and on video as having been on duty and in the booking room when an intoxicated and uncooperative Harvey, arrested on a domestic complaint, resisted being escorted into a jail cell.

Testimony by federal prosecutors’ star witness, now-retired Fall River Police Sgt. Jeffrey Maher, included that McNerney and Vorce had also written police reports that supported Hoar’s claim that he pushed Harvey away when Harvey kicked at him and Harvey hit his head on the cell wall, causing the injury.

Maher, who received immunity from prosecution, initially did not write a report on the strike to Harvey’s head with a metal baton, but was ordered to write an account a few days later.

Maher admitted that he lied on the report on the stand but had recanted days later to Professional Standards, telling them he fabricated the story.

“We are going to include all of them, including Jeff Maher. We’re going to look at all of them,” said Gauvin.

"The department would also like to include Harvey in the investigation," added Gauvin.

After Hoar’s indictment, Harvey spoke with media, including The Herald News, about the incident. But his story differed from the FBI findings presented at trial by federal prosecutors.

POST to get internal findings

After the allegations came to light that Hoar’s police report and required use-of-force paperwork were in question, the police department probe began, at the time under retired Police Chief Jeffrey Cardoza.

But after the FBI became involved, Gauvin said, the internal probe halted.

“So we still must have the investigation with potential charges, and we are also obligated to have a finding on each of them,” said Gauvin.

If there are any violations that are substantiated by the internal investigation, the officers involved could face discipline.

Gauvin said any findings will be forwarded to POST.

“They can either concur with any of my recommendations or they can go forward with a potential decertification process,” said Gauvin.

Hoar’s POST certification was suspended in January 2023, along with former city officer Bryan Custadio, who is currently serving a one-year prison term for domestic abuse involving two separate victims.

Regarding the status of officers McNearney and Vorce, Gauvin said “they are still active members at this point.”

“POST is aware of the investigation, and POST is aware of all of the individuals that were involved,” said Gauvin.

This article originally appeared on The Herald News: After conviction of Fall River officer, police conduct internal probe