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The Bristol County District Attorney on Thursday criticized the sentence handed down for a man who used a Taser on a police officer and bit another as they tried to detain him during an incident last year in Fall River. The man, 41-year-old Henry Fernandez, was sentenced to 2 to 3 years in prison after pleading guilty to charges of assault and battery, attempting to disarm a police officer, carrying a firearm without a license, assault and battery with a dangerous weapon, resisting arrest and three counts of assault and battery on a public employee. On top of the prison sentence, Fernandez was sentenced to two years of probation. District Attorney Thomas M. Quinn III’s office had recommended a sentence of 3 to 5 years. ”The defendant was clearly out of control and should be kept off of the street for a longer period of time based upon the facts and the defendant’s record," Quinn said in a statement announcing the sentence. On March 22, 2024, Fall River police went to 739 Eastern Ave. for a break-in in progress. At the scene, they found Fernandez, who had several warrants out for his arrest. Fernandez "physically resisted being placed in handcuffs by the officers" while in the stairwell of the residence. One officer tried to use a Taser on Fernandez, but it was ineffective. At that point, Fernandez started pulling on one of the officer’s guns. That officer ended up on the ground with Fernandez on top of them. Fernandez continued trying to grab the gun, but was unsuccessful and began physically struggling with the officer. While trying to subdue Fernandez, two officers’ Tasers fell to the ground. Fernandez picked up one of the Tasers and deployed it, hitting one of the officers, who was able to take the device away from him. Additional officers arrived at the scene and helped subdue Fernandez, who bit an officer as he was put in handcuffs. Fernandez was taken to a hospital, where tests showed he was under the influence of fentanyl at the time. During the sentencing hearing, Fernandez indicated he suffered from mental health issues.
