No Jail Time For NH Trooper Who Pleaded Guilty To Assaulting Chase Suspect
NASHUA, New Hampshire (CBS) -- A New Hampshire State Trooper pleaded guilty Thursday to assaulting a man accused of leading police on a chase from Massachusetts to New Hampshire in May.
Former Trooper Andrew Monaco was given no jail time in exchange for pleading guilty to three counts of simple assault for hitting Richard Simone after he surrendered to police.
Simone, 50, of Worcester was arrested after leading police on a one-hour chase from Holden, Massachusetts to Nashua, New Hampshire.
When Simone got out of his pickup truck after the pursuit, he appeared to kneel and put his hands on the ground when two officers--later identified as Monaco and Massachusetts State Police Trooper Joseph Flynn--began punching and kneeing him, despite his apparent cooperation.
"Individuals who surrendered peacefully to law enforcement should never, ever be in fear of physical assault, regardless of the reasons for their arrest," New Hampshire Attorney General Joseph Foster said Thursday.
Prosecutors said other troopers were ready to testify against Monaco if he had not pleaded guilty, and that video evidence from TV news helicopters was overwhelming.
Watch Raw Video Of The Violent Arrest
They said they did not seek jail time against Monaco because he was "remorseful," and because he had to sacrifice his career in law enforcement as a result of his actions.
"Losing one's chosen profession is not typically an outcome of a plea to simple assault, and therefore represents severe punishment on its own," said Foster.
Minutes after the assault, prosecutors said, Monaco went to his superiors and told them he had "messed up," he was sorry, and that he had probably ruined the rest of his life by letting his emotions get the best of him and going "way overboard" with Simone.
Monaco's one-year sentence was suspended Thursday, with the judge noting his immediate admission of wrongdoing and resignation as proof of real remorse.
Monaco, along with Flynn, were both relieved of duty a day after Simone's arrest. Monaco's attorney said his client had since lost his livelihood.
In court Thursday, Monaco apologized to his former fellow troopers and to the public.
"I apologize to the members of law enforcement, especially those who were there that day during the incident, for my actions," Monaco said in court. "But most importantly, I apologize to the citizens of New Hampshire."
"I severely regret my actions, and cannot explain why I engaged in actions that I always promised myself I would not do," he added.
Monaco did not, however, apologize to Simone.
Simone's attorney, Joseph Comenzo, said his client still suffers headaches and blurred vision from the concussion he suffered, and argues Monaco's uniform kept him out of jail.
"I think the message that's being sent to the community is that, if people did this, it would be charged and punished one way, and if officers did it, it would be charged and punished a different way."
Simone remains in jail in Massachusetts on various charges after being held on $50,000 bail back in May.
Monaco was ordered to serve one year of probation, do community service, and attend anger management counseling, and was barred from ever working again in law enforcement.
He will testify against former Massachusetts State Trooper Joseph Flynn, who faces similar charges in Simone's beating, as part of his plea deal.
