Oct 13, 2016 11:10 AM
NASHUA- An attorney representing a Massachusetts State Trooper has told a New Hampshire court that because his client was an on-duty police officer, his use of force on a man who fled police in his truck in a multi-state chase was justified.
Attorney Ronald J. Caron, the lawyer for trooper Joseph H. Flynn V, 32, filed a notice in Hillsborough County Superior Court Wednesday in part stating Flynn's actions upon Richard Simone as he got out of his truck after a 50-mile chase was designed to defend himself and other police officers at the scene.
The Telegraph of Nashua reported that Caron says Flynn was "justified in the use of non-deadly force" to prevent him from further fleeing officers who had stopped him in downtown Nashua after fleeing police in Massachusetts.
Flynn was indicted in September on 2 charges of enhanced simple assault from the incident.
Another police officer, former New Hampshire state trooper Andrew Monaco, pleaded guilty in August to charges for his role in the beating, which was caught on camera by news helicopters that had followed the chase from above. Monaco was not given a prison sentence but faced reprimand in the form of counseling and no longer working in law enforcement.
Flynn's charges are considered enhanced because he was an on-duty police officer at the time of the incident. He could serve prison time if convicted.
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