Three years of probation, on an assault conviction for a domestic violence case, was handed down to a retired Niagara Falls police officer on June 22, as reported by the Niagara Gazette.
The sentence also includes a mandatory 27-week domestic violence counseling program, and four weekends of community service - that must be completed between now and November in the Niagara County Sheriff's Office Work Program.
Judge Matthew J. Murphy III imposed the sentence on M.F., the 38-year-old defendant.
If M.F. had been found guilty of third-degree assault - a charge the County Court jury found him guilty of earlier this year in May - he could have faced up to a 12-month jail sentence. Instead, M.F. faced a felony count of second-degree assault.
M.F. told the judge at his sentencing, in the hopes of obtaining probation and not jail time, "I'm very sorry for being involved in any of this" to which the judge responded, "I thought the (jury) verdict was fair, I thought you were guilty of reckless assault."
Additionally, M.F. has been ordered to stay away from the victim, his former girlfriend and fiancé, for eight years - as the judge imposed an order of protection barring him from any contact.
Judge Murphy warned M.F.: "If you don't follow these restrictions, you will be back in front of me and subject to jail." M.F. responded that he understood and that it "is not going to be an issue."
On November 12, per prosecutors, M.F. allegedly threw the victim into a pair of bedroom dressers in her home due to a "violent rage."
The victim read from a prepared statement contending that the assault was both "violent and horrific."
In regards to her attacker's behavior, during the incident and on the job, the victim said, "I know he could have killed me and I'm lucky he didn't, I'm lucky to be alive and lucky to be free of this abusive man. I know (M.F.) was an embarrassment to the badge, most Niagara Falls Police officers are fantastic."
Lisa Baehre, the Assistant District Attorney, said that the case was "a perfect example of why (domestic violence) victims are terrified to go forward." Baehre elaborated, "This is the perfect case for victims of domestic violence to understand the importance of going forward (with their cases).
(It proves) that people will believe them, that juries will believe them, that the courts will believe them.
This is a man society entrusted to protect it, this is a man we trusted to take care of the citizens of Niagara Falls, this is a man who knew better."
Jon Wilson, M.F.'s attorney, said that his client was not on duty during the alleged incident. He said, "Nothing that happened here was under color of law.
It was an unfortunate relationship. It had a tragic ending."
The victim, in a final statement to the press outside of the courtroom, said, "I'm disappointed he won't have any incarceration, but I'm satisfied that he will be supervised in his actions for the next three years."
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