CONCORD, NH – Former New Hampshire State Trooper Andrew Monaco entered guilty pleas on Aug. 25 to three counts of Class A misdemeanor simple assault in the 9th Circuit District Division in Nashua, stemming from the May
11, 2016 arrest of Richard Simone Jr.
Andrew Monaco acknowledged today that his use of force during that arrest was not justified. As part of a negotiated plea agreement Mr. Monaco accepted criminal responsibility for punching and kneeing Richard Simone’s upper body,
causing Mr. Simone bodily injury. He also apologized to the law enforcement community and to the public for his conduct.
The Court sentenced Mr. Monaco to 12 months in the House of Corrections, all
deferred. He will not serve this time in jail if he follows the conditions of his sentence.
Those conditions include that he be of good behavior and commit no new crimes; that he permanently relinquish his law enforcement certification and pursue no new career that requires the possession of a firearm; that he complete anger management counseling and any follow-up treatment recommended; that he complete 120 hours of community service; and that he pay restitution for Mr. Simone’s medical bills. If Mr. Monaco does not comply with the conditions of his sentence, the 12 months in the House of Corrections may be imposed.
“Mr. Monaco’s actions are not representative of the New Hampshire law enforcement community I have come to know, and actions like his
should not and will not be tolerated. Officers working in law enforcement are, and must be, held to a high standard of conduct in every interaction with the public, particularly in moments of high stress. Individuals who surrender peacefully to law enforcement should never be in fear of a physical assault, regardless of the reasons for their arrest. Mr. Monaco’s resignation from the New Hampshire State Police, the relinquishment of his law enforcement certification, and his guilty pleas today, reinforce that message to our law enforcement community and to the public,” Attorney General Joseph Foster said.
Mr. Monaco’s actions were thoroughly investigated by members of the Attorney
General’s Office. That level of scrutiny is not normally brought to bear when an individual commits a simple assault. Mr. Monaco was treated differently, but not preferentially.
Although Mr. Monaco will not be sent to jail today, he will be subject to sentence conditions that are not typical for a charge of simple assault by an individual with no prior criminal record. Mr. Monaco’s deferred sentence rests on numerous affirmative obligations, which meet the goals of sentencing~punishment, deterrence, and rehabilitation.
“In arriving at the negotiated plea agreement and sentence I took into consideration the events that led up to the assault, the background of the
officer involved, his decision to take immediate responsibility for his actions, Mr. Simone’s input, and the protection of the public. The assault took place following a high-speed chase in which Mr. Simone put the officers and the public at significant risk of serious bodily injury. By all accounts, Trooper Monaco’s actions were out of character with his service for the State Police, he acknowledges that they were wrong, and he has apologized for his actions. In addition, he has agreed to leave law enforcement and not to pursue a career in any profession that requires possession of a firearm. Losing one’s chosen profession is not typically an outcome of a plea to simple assault and therefore represents a severe punishment
on its own. More importantly, the plea agreement protects the public by assuring that Mr. Monaco will not be in a position for an incident of this type to be repeated,” Foster said.
Trooper Joseph Flynn of the Massachusetts State Police has also been charged with two counts of simple assault while an on-duty police officer for unjustified physical contact with Mr. Simone on May 11, 2016. His arraignment in the 9th Circuit District Division has been waived and he is scheduled for a pre-trial conference on October 13, 2016 at 8:15 am.
