WORCESTER — Officer Kyle Wilcox won't see the inside of a jail cell for being convicted on two counts of assault and battery, but his job on the force remains in jeopardy.
The judge who found Wilcox guilty gave him two suspended one-year jail terms yesterday, meaning he won't serve time unless he violates his probation at any time during the next year. Wilcox, 31, remains on paid administrative leave until police Chief John Romero decides Wilcox's future with the force.
"I believe you have forfeited your right and privilege to serve as a police officer from this day forward. That is a substantial punishment," said Worcester District Court Judge David Ricciardone to Wilcox during sentencing.
The charges stem from the Dec. 22, 2006, arrest of brothers Moises and Rubenito Fernandez during a tenant dispute. They said they were brought to the station, where Wilcox pushed Rubenito to the ground in the station's vehicle bay and Wilcox hit Moises across the head with a hard object while he was handcuffed.
Both victims made statements during the sentencing, through an interpreter.
"When my son sees a police officer, he stands up and says, 'The police are coming.' I get really nervous. They broke down the doors. I pay my taxes. I am asking you to consider the maximum punishment you think is deserved," said Moises Fernandez, 40.
Rubenito Fernandez, 43, said the major impact of the case has been against his family.
"Because of the situation, we had to move from one apartment to another. I have been crying at night. I can't even sleep. Our family, my wife and kids, are crying together. They ask me, 'Why did this happen?'" Rubenito Fernandez said.
Wilcox's lawyer, Gordon Spencer, argued for the probationary sentence handed down by the judge. He told the court any jail time coupled with his potential job loss would hurt his family. Wilcox is married with four children and has been a member of the force since 2004.
"The loss of his job will place a severe strain on his family," Spencer said. "He was never charged with abusing the victims."
Wilcox has been accused by others of police brutality. The city tried to fire him in July based on charges he mistreated a prisoner in a holding cell at the police station on Jan. 6, 2007. A state civil service hearing officer concluded there wasn't enough evidence to support the prisoner's allegations.
Reached yesterday, Romero would not say what action, if any, he would take against Wilcox. He said he would be talking with the city attorney regarding what course of action to take.
Reached at home yesterday afternoon, Moises Fernandez said he felt good with the outcome.
"He has a family," Fernandez said, adding he did not want Wilcox's family to suffer. "I feel the judge did a good job. I feel the district attorney did a good job."
The Fernandez brothers faced a variety of charges stemming from their arrest, in which Wilcox said they threw a tenant's property outside and that they also resisted arrest. Those charges were later dismissed by a judge because police and prosecutors failed to provide critical information to a defense attorney in a timely manner.
The brothers then filed complaints against Wilcox which led to his trial. The case was transferred outside Essex County to avoid the appearance of a conflict of interest.
In addition to the probation, the judge ordered Wilcox to stay away from, and have no contact with, Moises and Rubenito Fernandez, and witnesses who testified in the case.
Wilcox also was ordered to complete an anger management course as part of his probation and to pay a monthly probation fee.
