- Former Fall River police officer Nicholas Hoar was convicted this year after the beating of William Harvey in 2020.
- Officers Brendan McNerney and Zachary Vorce were on hand during the incident but said their view of the beating was blocked.
- The Massachusetts Peace Officer Standards and Training Commission ordered an investigation into McNerney and Vorce after Hoar was convicted.
FALL RIVER — An independent investigative firm has cleared two Fall River police officers of allegations that they lied on police reports related to the federal conviction of former patrol officer Nicholas Hoar.
Fall River police officers Brendan McNerney and Zachary Vorce were the focus of an investigation conducted by Comprehensive Investigations and Consulting LLC on whether they allegedly lied on police reports and were untruthful regarding the injuries suffered by a man in police custody, caused by Hoar, in December 2020.
The private investigators found that the allegations were not sustained “because of inadequate or insufficient evidence.”
The Massachusetts Peace Officer Standards and Training Commission ordered the Fall River Police Department to conduct an internal investigation into the matter after Hoar was convicted in February.
Police Chief Paul Gauvin said the investigation cost the department $10,000.
No federal charges were ever brought against McNerney nor Vorce, but the investigative firm’s 40-page report gives a glimpse into their roles, or lack of it, in Hoar's prosecution.
Officers invoke Fifth Amendment rights in federal investigation
The FBI and federal prosecutors conducted the criminal investigation against Hoar after receiving a complaint from a family member of Hoar’s victim.
After a four-day trial, a federal jury found Hoar guilty of one count of deprivation of rights under color of law and two counts of false reports for striking William Harvey, 58, of Las Vegas, in the head with a metal baton after he was arrested on a domestic assault misdemeanor charge.Hoar, 37, is currently serving 33 months in the Federal Correctional Institution Elkton in Lisbon, Ohio.
'I knew we'd end up here':Fall River officers testify in day 3 of police brutality trial
Besides the misdemeanor, Harvey was also charged with a felony for reportedly kicking Hoar as he was led into a holding cell. The Bristol County District Attorney's Office dropped that charge after Hoar was indicted by a federal grand jury on Nov. 22.Harvey was held in jail for over 200 days while awaiting trial on the felony and misdemeanor charges.
The federal prosecutors' star witness against Hoar was now-retired police sergeant Jeffrey Maher, who was in the police booking room with Hoar, McNerney and Vorce when Hoar assaulted Harvey.
Maher testified that Harvey was intoxicated and belligerent on the night he was taken into custody, but not threatening when brought to the booking room.
Maher said he tried to calm Harvey down “but it didn’t work,” so he then decided to bring him to the cell to calm down and went to get him a blanket.
He told the jury that he saw Hoar strike Harvey in the head inside the holding cell, after the officer got a baton from McNerney.
“I was pretty pissed off, because I knew we’d end up here,” said Maher at trial.
Hoar initially claimed Harvey kicked him, and that Harvey's head was injured when Hoar pushed him away and it struck the cell wall. Maher initially wrote a report that supported Hoar's claim, then rescinded his claim and reported the false report to his superiors.
Never offered immunity
Maher was given immunity for his testimony for the prosecution, which was not afforded to McNerney and Vorce, according to Comprehensive Investigations and Consulting’s report.
Both officers invoked their Fifth Amendment right against self-incrimination, and declined through their attorneys to testify at the grand jury after federal prosecutors denied them immunity and indicated they were also possible targets in the Harvey assault investigation.
In interviews with the private investigators, both officers cooperated with the internal investigation, as did Maher.
Police brutality case:Fall River ex-cop gets almost 3 years in prison for beating a man, lying on police reports
Both McNerney and Vorce said they never saw Hoar strike Harvey with the baton. Vorce said his view was obstructed by a cinderblock wall. McNerney told private investigators that part of the cell's metal door blocked his view.
Asked why he invoked his rights not to testify at grand jury, McNerney told private investigators that he started to answer federal investigators questions, but invoked his rights, “because at that point I did not know if the federal government’s intention was to charge me as a codefendant or a co-conspirator.”
“Officer McNerney added that if he was certain that his testimony would not be used negatively against him at a future date, he would have fully participated," the report states.
Maher told investigators he was not “100 percent” certain that either officer ever saw Hoar striking Harvey, according to the report.
Police Chief Gauvin: Department can move forward
Fall River Police Chief Paul Gauvin said the report has been forwarded to POST for its review.
Gauvin said he is appreciative of the thorough investigation conducted by the FBI in the Hoar case.
"Specifically, as it relates to officers Vorce and McNerney, the FBI considered their actions and found no grounds for criminal charges," said Gauvin.
In addition to whether there was any wrongdoing on the part of McNerney and Vorce, the independent agency that investigated the matter for the police department also reviewed whether any of the department's rules, regulations or policies were violated by the officers and "yielded negative results."
"While I have accepted adverse decisions in the past, it is equally important that we respect and accept decisions that clear our officers with the same level of commitment, passion and transparency," said Gauvin, who has fired several city police officers during his tenure as chief.
"With the facts and decisions now established, I am eager to lead the department in a more productive and positive direction," said Gauvin.
