HAVERHILL — Kingston police Officer Joshua Waller has been cleared of any wrongdoing stemming from his arrest for allegedly using a Taser on a fellow officer involved in an alleged domestic dispute.
"After a careful review of all the evidence, this office decided it was in the interest of justice to file a nolle prosse — effectively ending the prosecution," said Stephen O'Connell, spokesman for District Attorney Jonathan Blodgett.
Waller was arrested in Haverhill on July 13 on a charge of assault and battery with a dangerous weapon after he allegedly used a Taser on Lawrence police Officer Daron Fraser.
The charge against Waller was dropped yesterday in Haverhill District Court.
Waller, who was off duty, said he was trying to stop Fraser, who also was off duty, from assaulting the Lawrence officer's girlfriend — a charge both Fraser and the girlfriend denied.
Fraser also was arrested by Haverhill police and charged with domestic assault and battery and assault on a pregnant woman.
Fraser is due in Haverhill District Court tomorrow to decide whether to have a bench trial or a jury trial for his case, O'Connell said.
"Our contention from the beginning was that there was no criminal conduct on Mr. Waller's part, and that his actions were justified under the circumstances," Waller's attorney, Thomas Torrisi, said in a written statement.
Kingston police Chief Donald Briggs previously said Waller was suspended without pay pending an internal investigation. Torrisi said the investigation has been completed and Waller is back on the job.
"The Kingston, New Hampshire Police Department has a dedicated officer in Mr. Waller, and I am confident he will prove to be a valuable asset to that department," Torrisi said in the written statement. "With this result, we can enter one in the win column for justice."
Lawrence police Chief John Romero said Fraser is on paid administrative leave pending the outcome of his case.
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