Assault Charges Against Manchester Police Officer Dropped: Follow-Up

CONCORD, NH — More than two years after a Manchester police officer who lives in Bow was accused of assaulting and imprisoning her now ex-spouse, the case has been dismissed, and now, the ex-spouse faces charges of her own, after being accused of stalking a Concord man.

Nineteen charges were issued against Brittany Battye of Logging Hill Road in Bow in early April 2022 after Ayla Nova accused her of assault, imprisonment, and vandalism at their home on April 2, 2022. Battye was placed on paid leave and pleaded not guilty to the charges.

Several hearings were held as Battye, who was initially held on preventative detention, was released on bail and was able to gain access to her home about four months after being charged. The defense also requested a sound recording of the incident.

A trial was set for late May 2023 but then delayed for months until early August 2023. It was delayed by another two weeks while defense attorney Mark Sisti issued a notice of self-defense and requested a motion hearing. The hearing was held on Dec. 20, 2023. On Jan. 2, another request for a sound recording was made, and a trial was set for April 10.

Ayla Nova. Credit: Concord Police Department

A New Beau, A Bugging Accusation, And An Arrest

Nova, 28, of Pleasant Street in Concord, began dating a local man while the assault case was making its way through court.

But that relationship also took a turn.

The Concord man, who is in his late 50s, said his relationship began to sour with Nova in December 2023. In mid-December 2023, he separated from her after he “found out about eavesdropping devices” in his home, according to a restraining order application. He accused Nova of setting up Alexa devices in his apartment that were remotely activated to spy on him.

“She had duplicate keys made for my apartment and has been in the house without my permission,” he wrote. “I had to have the locks changed.”

According to the filed request, a neighbor also told him Nova had thrown a bag of glassware at his car.

In a section for “additional space for statement of facts,” the ex accused Nova of talking in her sleep and claimed he heard her say “disturbing things” — including how she “couldn’t believe the police believed her … something about a court case with her ex-wife, Brittany, and how she would follow her around and call the police on her.”

The victim noted eight years before, he was living with another woman who exhibited similar “odd behavior like this.” She noted to him, at one point, that he did not know what she was capable of, the report said. Two weeks later, the petitioner wrote, he was arrested on a domestic violence charge that he did not commit.

“Thankfully,” he wrote, “I was found not guilty, but I never want to go through this again.”

The victim reported other issues with the relationship and said he had bought her $2,000 diamond earrings as an early Christmas gift that she wore out of the store but was not looking to get them back, the order stated.

The protective order was issued by a judge on Jan. 8.

Around 10:15 a.m. on Feb. 6, Nova was arrested on stalking-domestic violence and violation of a protective order charges.

According to an affidavit, officers investigated a claim by the former boyfriend she violated the restraining order while he and another man were working out at Planet Fitness on Fort Eddy Road.

When they arrived there, around 6 a.m., he did not notice her vehicle in the parking lot. While they were working out, he saw her on a treadmill, about eight to 10 feet away. Later, she left the area but then, returned. The ex said he “felt uncomfortable,” so he took her picture, noting how close she was to him, and left, the affidavit stated. While walking to his vehicle, he “observed” hers in the lot, the report said.

The guy the ex was working out with also provided a statement to the police.

Police went to Planet Fitness, where employees said they could not provide video footage of the gym at the time without a subpoena. They did, however, confirm the victim had scanned in at 5:56 a.m. while Nova had scanned in at 6:15 a.m., the report said. The two employees said they did not recall seeing either at the gym.

The officers reviewed the restraining order, which said Nova must stay at least 300 feet from the petitioner.

At Concord District Court later that morning, Nova was at a hearing involving her and the ex, and officers waited to speak with her.

While waiting, the victim walked out of the courtroom and spoke to officers. He later went to the restroom. Nova, the officer wrote, left the courtroom right after. The victim, a short time later, approached the officers and accused Nova of leaving to use the restroom right after him, which made him uncomfortable, the report stated.

After the hearing, the officers spoke with Nova about the accusation against her at Planet Fitness. She was accused of saying she was unaware he was there. An officer then arrested her.

“Nova said that she was using the treadmill at Planet Fitness this morning,” the officer wrote. “Nova also said that she did leave the treadmill, at one point, to go use the bathroom and walk back to the treadmill. Nova said that she did not see (her ex) during this (time).”

Nova, a bodybuilder, said one of her clients was using a treadmill next to her and that she did look in the ex’s direction and in the direction where he would be, the officer wrote in the report.

On March 26, Sisti requested the addition of a new witness to testify in the case — the victim of the stalking incident. He also requested the court seal the case after a Richards hearing, which was approved.

On April 5, Geoffrey Gallagher of the city prosecutor’s office nolle prossed the charges based on “prosecutorial discretion.”

This week, Sisti said the correct outcome occurred.

“The prosecutor in the case acted in a responsible fashion once the facts became known to him,” he said, “including the lack of credibility of the alleged victim.”

Battye was sworn in as a Manchester police officer in March 2019, according to Manchester Ink Link. She was born and raised in Concord, served in the U.S. Army National Guard, and was stationed in Afghanistan in 2013. Battye held a sergeant’s ranking when she was honorably discharged. She also previously worked for the Loudon Police Department.

Battye was featured on the department’s social media account as actively working with children in the city. She has also worked with the community policing division stationed at the McDonough Elementary School while promoting youth sports.

Nova is due back in Concord District Court on June 6 for arraignment on the stalking-domestic violence and violation of protective order charges.

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