Previously homeless man sentenced to prison after biting, tasing, Fall River police officers

Bristol County District Attorney Thomas Quinn, III has announced that a 41-year-old man pled guilty and was sentenced in the Fall River Superior Court on Tuesday.

Hector Fernandez, previously homeless, was handed down a State Prison sentence of 2 to 3 years followed by 2 years of probation for charges of Assault and Battery Attempting to Disarm a Police Officer, 3 Counts of Assault and Battery on a Public Employee, Carry a Firearm without a License, Assault and Battery with a Dangerous Weapon and Resisting Arrest.  The Commonwealth recommended a State Prison sentence of 3 to 5 years. 

On March 22, 2024, Fall River Police responded to 739 Eastern Avenue for a break-in in progress.  While on scene, they encountered Fernandez who had active warrants for his arrest.  The defendant physically resisted being placed in handcuffs by the officers while in the stairwell of the residence.  One of the officers attempted to tase Fernandez, which was not effective.  He then began to pull at one of the officer’s firearms.  That officer ended up on the ground with Fernandez on top of the officer.  He continued to try and grab the officer’s firearm but was unsuccessful and a physical struggle occurred.  While trying to subdue the defendant, two officer’s tasers dropped to the ground.  Fernandez was able to take possession of one taser and deployed it, striking one of the officers.  That officer was able to get the taser away from the defendant.  Additional officers arrived on scene and assisted in subduing Fernandez.  Another officer was bit by him as he was placed in handcuffs.  Fernandez was transported to a hospital where it was determined he was under the influence of fentanyl.  At sentencing, the defendant indicated he suffers from mental health issues. 

The case was prosecuted by Assistant District Attorneys Jose Vasquez and Victoria Bendza.

“The defendant was clearly out of control and should be kept off of the street for a longer period of time based upon the facts and the defendant’s record,” District Attorney Tom Quinn said.