Second Round Of Assault Charges Against Concord Police Officer Dropped

CONCORD, NH — A Concord police officer, on unpaid leave for nearly two years and now living in another state, will not have to face a second round of simple assault charges filed against him.

The New Hampshire Attorney General’s Office agreed to drop two simple assault charges against Richard Cobb, 41, of Prescott, Arizona, on Monday. Merrimack County Superior Court Judge Dan St. Hilaire approved the agreement Tuesday morning.

The decision comes about a month after Cobb was found innocent of using excessive force against Blake Andrew Thomas-Haney, an intoxicated transient who was resisting arrest outside of Sal’s Pizza on Storrs Street in April 2023 and taken down in a leg drag.

The second case involved two women who were accused of resisting arrest after a crash on Iron Works Road in March 2023. The woman accused Cobb of assaulting them during the arrest.

Cobb said he was happy to be cleared of all the charges.

“I am relieved that this, in my opinion, deliberately prolonged, deficient, and unnecessary 21-month process has finally concluded,” he said. “I support fair and impartial investigations into law enforcement, of which this was painted. However, I look forward to revealing this as the contrary by sharing the facts of this case. I would like to thank God, my family, and friends for their enduring faith and support during this tumultuous and unnecessary ordeal.”

Also Read

• Concord Police Officer Found Innocent In April 2023 Assault Case
• Concord Police Officer, Accused Of Assault Takes The Stand In His Own Defense
• Witness Confuses Race Of Concord Officer At Sal’s Pizza Arrest Scene
• First Trial Of Concord Cop Accused Of Assaulting Suspects Underway
• Former Concord Police Officer Indicted On Simple Assault Charges
• Pickup Truck Rolls On Iron Works Road In Concord: Watch

Since the early-January three-day trial, the prosecution and defense have been trading dueling motions in court before the second trial, which was set for March.

The state made several motions.

One was to bar Cobb from speaking about his marital status, family details, and-or prior military service since “any mention of these details would serve only to arouse sympathy for defendant by the jury, and this prejudicial effect outweighs any probative value, especially as these details are probative of no fact at issue in this case,” Joe Fincham II, an assistant attorney general, wrote.

The state also motioned to exclude the defense from mentioning any evidence at trial of the verdict of a specific trial and, instead, speak of “prior hearing” instead of “prior trial.”

While her name was not mentioned in the motion, the prosecution was speaking of Madeline Elizabeth Smith, 35, of Iron Works Road in Concord, who was accused of actively moving pieces from a pickup truck crash near Shea Farm, the women’s transitional housing unit, in March 2023.

“Any mention of the defendant being charged in this unrelated matter or of the jury’s ultimate verdict could unfairly prejudice the jury in the resolution of this case,” Fincham wrote.

The state also requested the exclusion of any mention of criminal charges against Madeline Smith and Mica Smith, who was 17 at the time of the incident. Both were listed as victims in the first indictment. Cobb accused Mica Smith of getting between him and Madeline Smith, preventing him from controlling her. Mica Smith was then accused of putting her hands on the officer, attempting to force him away from Madeline Smith. He moved her aside with an arm bar, an affidavit said. Later, after she was accused of continuing to resist, he leg-swept Madeline Smith to the ground and cuffed her.

Before the crash, vehicles were reportedly racing on the street. Multiple ambulances were requested to the scene to deal with the injuries. In an affidavit, he accused Madeline Smith of screaming and refusing to stop resisting arrest. She was charged with felony falsifying physical evidence, disorderly conduct, and resisting arrest or detention charges.

The Merrimack County Attorney’s Office, a motion said, dropped the cases against Smith about five weeks after the incident. Rule 609, the brief said, does not allow evidence that Madeline Smith or Mica Smith were charged with a crime to be entered as evidence.

Fincham also requested to have evidence of any training materials from the New Hampshire Police Standards and Training Council kept out of the second trial, calling it “inadmissible hearsay” with “no veracity of the asserted expert opinions.”

Lastly, in another filing, the state also requested excluding any evidence at the trial of any “subsequent criminal convictions” of either Madeline Smith or Mica Smith, which could only be used “for purposes of attacking a witness’s character for truthfulness with a limiting instruction.” Fincham mentioned Madeline Smith’s subsequent criminal conviction of receiving stolen property — being caught with a stolen motorcycle at the McDonald’s Restaurant on South Main Street in Concord in July 2023 and attempting to flee the scene after police realized the motorcycle was stolen. After fleeing from police, she injured her knee and was taken to Concord Hospital, according to scanner chatter. Fincham added he was not aware of any other criminal convictions by either.

Madeline Smith, according to superior court records, pleaded guilty to felony receiving stolen property, resisting, and disobeying an officer in April 2024. She received three 12-month sentences, all suspended for three years, and was given two years of probation.

According to a court filing, Dan Jimenez of the NH AG’s Office also withdrew from the case.

About a week later, defense attorney Eric Wilson of Wilson, Bush, & Keefe filed objections to the state’s motions, saying the arrests of both alleged victims were relevant and admissible as they directly related to the defendant’s charged conduct.

“Such evidence has significant evidentiary value and is not outweighed by the danger of unfair prejudice to the State, nor will the evidence of the arrest of (Madeline Smith and Mica Smith) be confusing to the jury,” he wrote. “It is anticipated that the jury will view video of the events that occurred on March 26, 2023. The video evidence clearly depicts (them as) being placed in handcuffs and arrested. The jury will undoubtedly conclude that (they) were arrested and that evidence is highly relevant for the jury’s consideration.”

Wilson also objected to the standards and training information being excluded from the case, saying it addressed permissible use of force officers learned at the academy.

Regarding Cobb’s personal history, Wilson said it was “intentionally limited” during the first trial “to basic personal history,” including where he was born, when his family moved to Florida, his college attendance, and military service. The defense, however, did not seek to mention Cobb served in the Army, was involved in combat tours in both Iraq and Afghanistan, and received a Purple Heart and the Bronze Star.

“A jury is entitled to know some information about the person that is asking them to believe his testimony, sometimes including evidence that may contain a history of disregarding the law,” he wrote.

A trial was scheduled for March 4 but was postponed. A status conference was scheduled for March 26, but instead, the attorney general’s office dropped the charges.

One unknown is where Cobb stands with his job with the Concord Police Department, but he is being represented by a union attorney.

City Manager Tom Aspell did not return an email seeking comment before publication.

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