Fall River police officer Nicholas Hoar arrested in connection to alleged assault

FALL RIVER — Fall River police officer Nicholas Hoar was arrested Wednesday morning by federal law enforcement in connection with an alleged assault on a man in custody and lying about the incident in police reports.

On Wednesday afternoon, Hoar was arraigned in federal court in Boston on one count of deprivation of rights under color of law resulting in bodily injury and two counts of false reports.

Hoar, who was brought into the courtroom in handcuffs after being taken into custody from his Fall River home, entered a plea of not guilty to all three charges.

Federal prosecutors did not request that Hoar be held in custody throughout the trial. Instead, he was released after the arraignment on the conditions that he check in with the probation office as often as required, not travel outside the continental U.S. until the trial is completed, give the probation office advance notice if he intends to travel outside of New England and participate in mental health treatment if the probation office deems it necessary.

Judge Donald L. Cabell also ordered him to not have any contact with any potential victims or witnesses in the case against him and to not possess any firearms, destructive devices or dangerous weapons.

Hoar’s alleged victim, William Harvey, 57, claims he was hit by Hoar with a police baton and slammed his head into a door while he was handcuffed and being led out of a van outside the police station on Dec. 21, 2020.

After the alleged assault, Harvey was taken to a local hospital for treatment for his injuries.

Hoar alleged in report he was assaulted

In a police report written by Hoar regarding the incident at headquarters, Hoar claims Harvey kicked him during a struggle while attempting to place the handcuffed man in a cell block in the police department’s booking room.

“While Harvey was kicking me, I simultaneously pushed Harvey way [sic] to create distance. Harvey was pushed back into the cell toward the bench. I regained my footing and noticed he was now bleeding from his forehead after striking the wall. Harvey was placed in handcuffs and the cell was secured,” according to Hoar’s report.

Hoar also indicated that at one point he asked a fellow officer for his baton and “used it to lock Harvey’s right arm behind him in an escort position and guide him down the cell block.”

He said Harvey hit his head on the jail cell wall in the struggle.

Civil suit:Fall River police officer at center of a $34M civil suit investigated again for excessive force

Charges against police assault incident dropped by DA

At the time of Hoar's arrest, Harvey was still facing criminal charges by the Bristol County District Attorney’s office connected to the incident of felony assault with a deadly weapon, felony assault on a police officer, and misdemeanor charges of resisting arrest, assault and battery and assault of a household member.

While Harvey won't face the more serious charges, he's not out of the legal woods yet.

"I am very pleased that my office was able to assist the U.S. Attorney's Office in their investigation into the conduct of this officer. In light of today’s indictment, we will be moving to dismiss the assault and battery charges related to the officer. The other charges relating to the domestic assault will continue to be prosecuted," said Bristol County District Attorney Thomas M. Quinn in an emailed response.

The Herald News reported on Harvey’s $65,000 settlement with the city in connection to the alleged assault in August. Harvey, whose elderly parents live in Nevada, has been ordered to stay in Massachusetts.

After his arrest in late 2020, Harvey spent 120 days in jail. After being released and moving to Nevada, a judge declared that Harvey spend another 102 days in jail. He was released in May.

Harvey is currently free on bail and wearing a GPS tracking device.

Harvey said after he was assaulted while in police custody by Hoar, a family member contacted the FBI and an investigation and grand jury ensued.

“It’s about time for accountability for officers who are not fit to wear the badge,” said Harvey on Wednesday, a few hours after the FBI notified him that Hoar had been arrested.

Timeline:Timeline: Scandals and controversies have hurt Fall River Police Department's reputation

Hoar now on unpaid leave from FRPD

Since the alleged assault on Harvey, Hoar has been on paid leave from the police department. On Wednesday, after receiving official news of Hoar's arrest, the Fall River police department issued a statement saying Hoar has been placed on unpaid leave.

"An internal investigation is currently underway. We will work with our law enforcement partners to gatheras much information as possible to further our investigation. All information regarding our investigationwill be forwarded to the Peace Officer Standards and Training (POST) Commission," stated FRPD spokesperson Sergeant Moses Pereira.

Fall River Police Chief Paul Gauvin said the Fall River Police Department had been cooperating with federal investigators and prosecutors since the beginning of the probe and dating back to former Chief Jeffrey Cardoza when the excessive force complaint against Hoar first arose.

Unlike a recent investigation being conducted by the FBI regarding the Worcester Police Department, Gauvin said he is confident the investigation against Hoar is an isolated investigation.

"I have had positive conversations with the supervising FBI agent here in the area and with U.S. Attorney Rollins herself this morning. I have no doubt this is a singular incident," said Gauvin. "In and of itself it is not going to be part of any other add-on investigations or any other cases that are going to come to the surface. This will end with this particular incident."

Hoar is at the heart of a multimillion-dollar federal civil lawsuit for the shooting death of 19-year-old New Bedford man Larry Ruiz-Barreto at the Fall River Industrial Park in 2017, where drivers had gathered to watch a drag race.

Hoar shot six rounds through the windshield of Ruiz-Barreto's 1997 Acura. The teenager allegedly attempted to flee after he was ordered by the officer to stop.

Police lawsuit:Family of New Bedford man shot by Fall River police files $34 million lawsuit against department

Regarding Hoar’s recent federal indictment, according to the U.S. Attorney’s office, if convicted the charge of deprivation of rights under color of law resulting in bodily injury provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of false reports provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000.

The next hearing in the case, an initial status conference, is set for Jan. 11 of next year.

This article originally appeared on The Herald News: Fall River police officer Nicholas Hoar arrested