Mexico man sentenced for assault on police officers in Franklin County

FARMINGTON — A Mexico man was sentenced Wednesday to 15 months of a five-year sentence for assaulting two police officers April 30, 2016 in Wilton.

Kirk Hamel, 46, pleaded guilty in December 2017 to two counts of felony assault on an officer and misdemeanor charges of criminal mischief and driving to endanger on Dec. 5, 2017. The state dismissed nine misdemeanor charges in the negotiated plea agreement.

At the time, the agreement for sentencing was five years with a maximum of 18 months suspended and two years probation with the state planning to argue for the maximum and the defense to argue for less.

According to a former state prosecutor, if the case had gone to trial, there would have been testimony that Wilton police responded to multiple reports on April 30, 2016, of a black Chevrolet Camaro driving recklessly and running over lawns on Main Street in Wilton.

Wilton officer Gary Allen and Farmington Sgt. Edward Hastings IV found the car in East Wilton. They would have testified Hamel and his girlfriend were outside the car when they arrived.

Hamel was very distraught and he and his girlfriend got into a confrontation, the prosecutor said.

When police attempted to arrest Hamel, Allen got one handcuff on him and was holding onto the other one while Hamel was kicking, punching and struggling with the officers. Allen received an injury to his thumb and Hastings was kicked multiple times.

Deputy District Attorney James Andrews told the court Wednesday that the video from Hastings’ body camera showed Hamel in a rage and repeatedly beating on the officers.

Hamel has a 28-year history of crimes of violence, drug trafficking, furnishing and use, and has ignored court orders.

In an evaluation on him, Hamel was proud of what he did to officers, Andrews said.

This is a crime of complete anti-social behavior and based on his history he is a danger to society, Andrews said.

Hamel said he was under the influence of Satan and cocaine when the incident occurred. He said he has done a lot of work to stay clean since his arrest and complied with all conditions and rules.

“I haven’t been in much trouble in a number of years,” he said.

He asked for a fully suspended sentence or, if need be, sentenced to 111 days he already served.

Justice Robert Mullen said when he watched the video from Hastings’ body camera he saw two officers doing practically everything to calm him down.

“I thought (officer Hastings) used exemplary restraint,” Mullen said.

Hamel said he tried to tell Hastings something bad was going on with him and asked him to arrest him but he didn’t.

“I am not taking away from what officers did to prevent me from being shot,” he said.

Mullen said what he is hearing from Hamel is that “the devil made me” do it.

“You have a checkered past” and by his calculation, Mullen said it started when he was 18 years old.

“I didn’t intend to hurt the officers,” Hamel said.

Hamel turned to Hastings and said “I am sorry for what happened.”

Allen was not in the Franklin County Superior courtroom.

Several other police and corrections officers were present.

Hastings said he wasn’t going to speak but after listening to Hamel blame everyone else but himself, he would.

This is the first time in his 15 years as a police, Hastings said, that he has had to call the dispatch code for officer in trouble four or five times. He also told Hamel that he still has the scar on his wrist and he is sure Allen’s hand still hurts.

Mullen also ordered two years of probation on each of the assault charges to be served at the same time. He gave credit for the 111 days he already served.

Hamel must pay $1,205 to one property owner and $165 each for two others.

Among the conditions Mullen ordered were that Hamel take all medications prescribed, get substance abuse counseling to the satisfaction of his probation officer and not possess dangerous weapons.

He sentenced Hamel to six months on the bail violation and criminal mischief to also run concurrent with the assault sentence.

The assault convictions each carry up to five years in prison, a $5,000 fine and two years of probation.

dperry@sunmediagroup.net