Fall River Police Officer pleads not guilty to federal charges, released at arraignment

BOSTON – A Fall River Police Officer arrested today in connection with an alleged assault with a baton on a man in Fall River Police custody has pleaded not guilty.

According to the Massachusetts Department of Justice, Nicholas M. Hoar, 35, was indicted on one count of deprivation of rights under color of law and two counts of false reports.

At his arraignment today, Hoar pleaded not guilty and was released, according to MassLive.

According to the indictment, on Dec. 21, 2020, while on duty as an officer with the Fall River Police Department, Hoar struck 57-year-old William Harvey, who had been arrested, in the forehead with a baton, resulting in bodily injury. The indictment further alleges that, on Dec. 21 and Dec. 22, 2020, Hoar submitted two reports which omitted any mention of the fact that he had struck the arrestee in the forehead with a baton.

Harvey settled with the City of Fall River concerning a lawsuit based on the alleged assault.

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. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

The Fall River Police Department issued the following statement:

“The Fall River Police Department has been officially notified that Officer Nicholas M. Hoar was arrested today and charged with deprivation of rights under color of law and two counts of false reports.

“When the department was notified of the complaint against Officer Hoar, he was immediately placed on paid administrative leave. After consultation with the Bristol County District Attorney’s Office and the Federal Bureau of Investigation (FBI), it was determined that the best course of action was to have the FBI conduct the investigation. Effective immediately, Officer Hoar has been placed on unpaid administrative leave.

“An internal investigation is currently underway. We will work with our law enforcement partners to gather as much information as possible to further our investigation. All information regarding our investigation will be forwarded to the Peace Officer Standards and Training (POST) Commission.”

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Kristina E. Barclay of Rollins’ Public Corruption & Special Prosecutions Unit is prosecuting the case.