Former Fall River officer Michael Pessoa sentenced to state prison in brutality case.

FALL RIVER — Former Fall River police officer Michael Pessoa will spend a minimum of 1½ years in state prison and serve no more than three years, as the veteran city cop was sentenced for excessive force and civil rights violations by Superior Court Judge Renee Dupuis today.

In an at times tearful and seemingly contrite statement to the court, Pessoa said he always prided himself on being a "law-abiding and productive member of society."

“Unfortunately, a series of events on the night of February 12, 2019, would change and affect many lives,” said Pessoa, with about two dozen family members, friends and some of his former colleagues listening in court.

On May 31, a jury convicted Pessoa after a five-day trial for assault and battery with a dangerous weapon against then 59-year-old David Lafrance, witness intimidation, civil rights violations and filing false reports. Dupuis revoked his bail and Pessoa has been in jail since.

A grand jury indicted him in June 2019 for assaulting and violating the civil rights of four different men.

Jury convicts former cop Fall River ex-cop Michael Pessoa guilty of excessive force.

During the trial, Bristol County Deputy District Attorney William McCauley and Assistant District Attorney Gillian Kirsch, argued that Pessoa struck Lafrance in the face as he was being released from custody by another officer, then assaulted him again in a police vehicle. Pessoa and three other officers then conspired to lie on police reports to hide the assault and charge Lafrance with criminal charges.

Those charges were later dropped when Lafrance produced a video surveillance tape that showed the assault and would be the prime piece of evidence for the prosecution.

Pessoa on incarceration

“Over the three-plus weeks while incarcerated, I’ve had nothing but time to think and reflect on this entire situation. During this time, I’ve gained a perspective on what it means and feels like to be incarcerated,” said Pessoa.

“I have no shame in standing here today and openly admitting that I now have a different light on what incarceration means. I truly believe if this different perspective had existed sooner, I would have been a different person with many different feelings,” said Pessoa.

Pessoa’s defense attorneys, Frank Camera and Kathryn Blythe, had requested that the judge impose a sentence of house arrest, and if time served is ordered, he be able to be incarcerated in the Bristol County House of Correction rather than state prison.

The prosecution had asked Pessoa serve up to five years in state prison.

Blythe noted to the judge that Pessoa would face safety concerns in state prison, and that he’ll enter a system that will treat him differently because he was a police officer.

Testimony: Beating victim was 'compliant' before cop hit him, former Fall River officer testifies

Victim has his say

Lafrance, now 61, said the assault against him by Pessoa “has impacted me both physically and mentally, and I still feel the effects of it to this day.”

“This was uncalled-for. I feel nervous around the police. I was afraid to come forward, I was scared for my well-being and scared that they would come back, and I still feel like that,” said Lafrance, adding that at the time he didn’t think “anyone would believe me.”

During trial, prosecutors, in addition to presenting the video of the assault, showed jurors photos of an injured Lafrance with a bloody lip and a contusion on his face, which prompted a superior Fall River police officer to request all the officers involved fill out use-of-force forms, evidence that also played heavily at trial.

Prosecution and defense have different takes in their sentencing arguments

Taking a personal approach in his sentencing statement, Camera called it a “somber day” for Pessoa and his family, and a “disheartening moment for me as well,” said Camera.

While awaiting trial, Camera and Blythe, who at the time purchased a restaurant and hired Pessoa, said that created a personal relationship with his client, and he was disappointed the way the former police officer was prosecuted by the DA’s office.

“He was a police officer for 19 years, there was an investigation and there was indictments. He was placed in custody and a request for bail, despite his lack of criminal record, his ties to the community and all the good that he did in the Fall River Police Department in his career,” said Camera, calling Pessoa an “honorable” and “intelligent” guy.

But McCauley presented a different view of Pessoa, saying the DA’s office relies on the “credibility” of police officers, and calling his actions “an egregious matter, in our view.”

“The defendant was entrusted with this power, with this police power, and he violated that police power. He has disgraced the uniform, he’s disgraced himself and he’s brought dishonor among the Fall River Police Department,” said McCauley.

Judge says many factors weighed before sentencing

Dupuis called the conviction against Pessoa “very, very serious.”

“The jury has convicted Mr. Pessoa of assaulting David Lafrance and violated his civil rights in doing so. Mr. Pessoa then filed a false police report and lied to his superior officers,” said the judge.

Dupuis said she also reviewed the sentencing guidelines and considered Lafrance's impact statement.

“Mr. Lafrance, regardless of his conduct that night, did not deserve to be beaten and bloodied by a man who took an oath to serve and protect,” said Dupuis.

The judge said she also considered the 14 letters of support from Pessoa’s family and friends and the “heartfelt statement” from the former city police officer.

Fall River police officer Michael Silvia spoke to the judge in support of Pessoa.

In addition to the sentencing of no less than 1½ years to three years for the conviction of witness intimidation, Dupuis sentenced him to a one-year probation after his release for the other three counts.

According to District Attorney spokesman Gregg Miliote, after serving a sentence of 1½ years, he can ask for parole.

Pessoa still faces two more criminal cases

In June 2019, Pessoa was indicted on 15 counts for allegedly assaulting four men in separate incidents, all while they were in custody. One case was dismissed after the alleged victim died.

Before the Lafrance trial, Dupuis ordered that the remaining cases be separated. This was the first of three trials.

After sentencing, Bristol County District Attorney Thomas Quinn III reiterated the statement he made after the verdict saying that, while most officers serve with honor, “Mr. Pessoa crossed the line in this case.”

“But he also drew other officers into it that got involved in filing false statements,” said Quinn.

Pessoa was fired from the department pending his first criminal case, as was former officer Thomas Roberts, who was one of the three officers at the scene who testified for the prosecution.

Former officer Sean Aguiar and Andre Demelo each resigned from the department.

Quinn said his office will be pursuing the two other pending cases against Pessoa.

A status hearing is scheduled on those cases on July 24, according to Miliote.

This article originally appeared on The Herald News: Former Fall River police officer Michael Pessoa gets prison time