Former Fall River police officer found guilty in connection with alleged assault on man in police custody

BOSTON – A Fall River police officer arrested in November 2022 in connection with an alleged assault with a baton on a man in Fall River Police custody has been found guilty in Boston court.

According to the Massachusetts Department of Justice, Nicholas M. Hoar, 37, was convicted on one count of deprivation of rights under color of law and two counts of false reports. He was found guilty on all charges.

“Police officers who abuse their power will continue to be held accountable by this office,” said Acting United States Attorney Joshua S. Levy. “This office has a huge amount of respect for the thousands of men and women in law enforcement who conduct their jobs with high integrity and put their lives at risk every day. The defendant’s conduct and lack of moral compass is an affront to all those members of law enforcement who serve with honor.”

“What Fall River Police Officer Nicholas Hoar did – in using his position of authority to assault a man in his custody and then try to cover it up by filing false reports– is utterly contemptible,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “We in law enforcement are granted significant authority in order to effectively do our jobs, and when a police officer abuses those powers and deprives another human being of their civil rights, the FBI and our partners will ensure they are brought to justice for egregiously violating the public’s trust.”

At his arraignment in 2022, Hoar pleaded not guilty and was released.

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 alleged 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 in 2022 when Hoar was arrested.

“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.”

In January of 2023, Hoar was suspended by the Massachusetts POST Commission.

Hoar was released and is scheduled to be sentenced on April 24.