Burlington officer denies domestic assault charges

Burlington policeman Nathan Harvey sat in a St. Albans courtroom Thursday and shook his head as a judge placed restrictions on contact with family members.

Those no-contact orders came after Harvey, 45, of Swanton pleaded not guilty to two domestic-assault charges, including one first-degree felony. Police allege that Harvey assaulted one of his children on several occasions.

Harvey says the allegations are a ploy by his wife to gain custody of the children in ongoing divorce proceedings.

Harvey, an officer since 2008, has been placed on paid administrative leave, Burlington Police Chief Michael Schirling said. Harvey's arrest is the latest in a string of Vermont cop arrests in the last few months.

Harvey was ordered released on conditions, including that he have no contact with his wife or children. Harvey's attorney, Brooks McArthur, said Harvey lives next door to the rest of his family and would be unable to comply with staying 500 feet away — a condition prosecutors wanted imposed. Judge Alison Arms ordered that Harvey maintain a 30-foot distance, which would keep him from entering the family home.

Accompanied by McArthur, Harvey denied comment as he left the courthouse.

If found guilty, Harvey faces 15 years in prison or $25,000 in fines.

The Vermont State Police said investigators from their agency and from the Northwest Unit for Special Investigations were made aware Wednesday of accusations against Harvey by an "anonymous reporter." The information related to assaults alleged to have occurred in the fall and early winter, police said.

Harvey's family members told police that Harvey appeared to have consumed alcohol prior to the incidents, according to a sworn court statement written by state police Detective Sgt. Ben Katz.

Harvey told police he and his wife are separated, and she wants to move out of state with the children.

"He thought that this was, 'her play' to get full custody of their children as she served him with divorce paperwork two days prior," Katz wrote in the affidavit.

Harvey's wife, Shannon Harvey, told police that during one incident, she and her husband were having a discussion with their 14-year-old daughter about excessive use of an iPod and the importance of having a good work ethic. Shannon Harvey said that the daughter had told Nathan Harvey, "I don't want to talk to you right now. You're drunk," the affidavit states.

The child then got up from the table, and Shannon Harvey said her husband stopped the girl by grabbing her arm, saying, "You're not walking away from me. You have to talk," Katz wrote in the affidavit.

Shannon Harvey said the daughter then hit Nathan Harvey, and Nathan Harvey reacted by hitting the girl in the face. Nathan Harvey immediately apologized, his wife told police.

"Shannon stated that from her vantage point she could not see if it was an open hand or fist but that her nose immediately started to bleed and her knees buckled," Katz wrote. "Shannon further stated that Harvey has never hit her."

The daughter also told police that she was knocked out and developed a black eye, Katz wrote. Friends of the daughter to whom the police spoke said they had seen the girl come to school with a black eye, according to court papers.

During another incident, the girl alleged that her father put her into a "choke hold," Katz wrote.

When asked about the first instance, Nathan Harvey told police that he noticed a small "trickling" amount of blood coming from his daughter's nose after he "grabbed her ... by both sides of her face and put her on the ground," Katz wrote.

Nathan Harvey later told police he did not strike his daughter; "it was more of a restraint than anything else," Katz wrote. In both instances, Nathan Harvey denied any assault had occurred and said he was sober.

PREVIOUSLY: BTV policeman arrested on suspicion of assault

Nathan Harvey was taken into custody Wednesday afternoon by the Vermont State Police. The state police and Burlington police disclosed the arrest Wednesday night.

Schirling said his agency will conduct "a full internal investigation" after the state police conclude the criminal inquiry. The chief said he could offer no additional information in order to "ensure the integrity" of the state police's work.

Burlington police employ 98 sworn personnel, Chief Schirling said.

Harvey's charges are the latest in a string of accusations against Vermont police officers.

South Burlington police Lt. Jeffrey Martel was accused this weekend of driving under the influence of alcohol while off-duty. Rutland City Probationary Officer Justin Barrell was accused of the same offense in early March. An investigation into the conduct of Vermont State Police Trooper Eric Rademacher and whether he was driving under the influence has also been under review by the Attorney General's Office. Woodstock Police officer Mark McComas was charged with domestic assault in late February.

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.