Flynn and former New Hampshire State Police Trooper Andrew Monaco were part of a phalanx of law enforcement officers who pursued Richard Simone Jr. from Holden, Mass., where police tried to arrest him for trying to run over a Millbury officer, into Nashua, a chase of some 50 miles.

Joseph Flynn is to appear in Hillsborough Superior Court on Oct. 14 to be arraigned on two counts of "simple assault by an on-duty law enforcement officer," according to records filed in the Nashua courthouse.

A Massachusetts State Police trooper is under indictment in New Hampshire on charges of hitting a suspect who was surrendering, in an incident that was captured by cameras aboard television news helicopters.


The pursuit was followed from the air by news helicopters. The cameras captured Simone finally stopping after running into a cruiser, then getting out of his car and getting down on his knees before he was apparently hit by officers, authorities have said.

The court papers allege that Flynn used his hand to "strike Simone's back'' and that he struck Simone "with his hand on the right side of Simone's body above his waist.'' Both actions were, authorities allege, "unprivileged physical conduct.''

Monaco pleaded guilty in August to similar charges. The case was put on hold for a year with the requirement he not get arrested during that time. Monaco also agreed never to work as a law enforcement officer again, authorities have said.

Monaco resigned from the New Hampshire State Police July 22.

Flynn was also charged in district court, but the indictment obtained by New Hampshire Attorney General Joseph Foster's office shifts the case to Superior Court. In district court papers, Flynn's attorney has signaled he will fight the criminal charges.

Flynn remains suspended without pay while the Massachusetts department conducts an internal investigation into his actions.

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