HAVERHILL — The two off-duty police officers who were arrested July 13 after a late-night fracas in which one is accused of using a Taser on the other will return to court.
Joshua Wallar, 26, of Methuen, a Kingston officer charged with subduing Lawrence Patrolman Daron Fraser with a Taser, is scheduled to be in Haverhill District Court today. Wallar is charged with assault and battery with a dangerous weapon.
Police said witnesses told them Fraser was choking his former girlfriend on Kimball Street when the fight broke out. Police said Wallar was visiting someone in the area, heard noise outside, and went to see what was happening.
Assistant District Attorney John DePaulo said at Fraser's arraignment that several witnesses told police Fraser had his knee on his former girlfriend's throat. Fraser's attorney, Pamela Saia Rogers, said the woman was never in fear.
Fraser, 39, of Raymond, N.H., is charged with assault and battery. He is scheduled to appear in court Sept. 9.
Fraser remains free on $500 cash bail, while Wallar was released on his own recognizance.
Fraser, who has been a Lawrence officer for 11 years, has been on paid administrative leave since the incident. Lawrence police Chief John Romero said he is looking into putting Fraser on limited duty inside the police station so he is not being paid for doing nothing.
Limited duty would mean Fraser would not carry a gun or wear his badge, the chief said. Fraser's status with the department will be determined after the case against him is decided, the chief said.
Wallar, who had been with the Kingston police for three weeks at the time of his confrontation with Fraser, was placed on unpaid leave after the incident, but is now on restricted duty, said Kingston Chief Donald Briggs.
Stephen O'Connell, spokesman for Essex District Attorney Jonathan Blodgett, said both Wallar and Fraser must decide whether they wish to be tried with or without a jury.
"We're still in the process of discovery," said attorney Thomas Torrisi of Methuen, who represents Wallar. "We're not ready to make an election."
Torrisi said he still is waiting to receive all of the witnesses' statements from the state.
Torrisi maintained his client was "justified" in using the Taser on Fraser. Shortly after Wallar's arrest, Haverhill police Deputy Chief Donald Thompson said while the Kingston officer was authorized to carry the device in New Hampshire, he was not permitted to use it in Massachusetts.
Wallar also has worked as a police officer in Methuen and at Merrimack College.
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