By Mikaela K. Reynolds
DOVER — The two Farmington
officers indicted on assault charges last month waived their arraignments in
Strafford County Superior Court on Thursday.
Sgt. Michael McNeil, Jr., 34,
of Rochester, and Officer Gregory Gough, 24, of Dover, were each indicted on a
single simple assault charge for an incident in which the pair allegedly
assaulted a man in handcuffs in Milton last summer.
According to the indictments,
McNeil grabbed Randy Gray by the neck with his left hand and exerted enough
force to pull Gray's body from a standing position, while Gough allegedly
grabbed Gray's arms and torso and spun his body during the assault.
The pair was placed on
administrative leave after their indictments were handed up by a grand jury on
Feb. 20.
Both men are facing misdemeanor
charges, which could result in up to one year in jail for each of them.
Chief Kevin Willey wrote in a
press release, following the release of the indictments, that police are held
to a higher standard of conduct due to the nature of their work.
“If officers violate those standards in any
way, they will be, and expect to be, held accountable,” he wrote, adding, “at
this time, the charges are just allegations and the officers involved are
presumed innocent. We ask that members of the public reserve judgment until all
facts are known.”
The incident that led to the
assault allegations began last June in Farmington after McNeil, who was off
duty at the time, pulled Gray over after witnessing a road rage incident in
which he believed Gray was involved.
McNeil asked Gray if he had
been drinking after allegedly smelling alcohol on his breath. According to the
affidavit, that is when Gray drove off at a high rate of speed, striking McNeil
in his left arm and leg with his driver's side door. Farmington police said
McNeil was not seriously injured in the incident.
Gray told Foster's he fled the
scene after he asked McNeil to show identification and McNeil refused.
Gray is still being prosecuted
in connection with the incident and is scheduled for trial and jury selection
the week of May 5.
According to Gray, about 20
minutes later McNeil, Gough, and two Milton officers arrived at his home on
Middleton Road in Milton after tracking him down through his car license plate.
He said McNeil came toward him yelling at him as Milton officers handcuffed
him.
Gray claims McNeil grabbed him
by the neck trying to force him to the ground and Gough stepped in to help.
According to Gray, Milton
officers tried to the stop the incident, which he said only concluded when
McNeil fell to the ground. Milton officers then escorted Gray to the back of a
cruiser.
Gray told Foster's at the time
of the indictments, “I was complying with everything they told me to do and not
resisting in any way. There was no need for it.”
Gray said there is video
footage of the event, but it is not currently available.
Assistant Grafton County
Attorney Jack Bell reviewed the case after Strafford County Attorney Tom
Velardi determined it was best to have an outside attorney review the
allegations. Velardi said the switch was necessary because McNeil is an active
police officer and a witness in several cases, including the one against Gray.
The state now has 14 days to
make an offer to the two men. Dispositional conferences will be scheduled for
each of the men.