A former Concord police officer has been indicted by the Merrimack County Grand Jury on four counts of simple assault by an on-duty law enforcement officer.
Few details were provided about the incidents that led to the charges or the alleged victims by the Attorney General’s Office.
The indictments allege that Richard Cobb, 40, of Prescott Valley, Arizona, while an on-duty law enforcement officer in Concord , knowingly caused unprivileged contact to two individuals on March 26, 2023, and twice to the same individual on April 1, 2023, according to a news release issued by Attorney General John Formella.
Court records show that Cobb was indicted for simple assault March 26, 2023 on Ma.S and Mi.S, believed to be Madeline Smith and Mica Smith mentioned in an affidavit Cobb filed for the arrest of Madeline Smith. Neither Madeline or Mica Smith could be reached for comment Tuesday.
Although it wasn’t included with the Cobb case or released by Formella, Cobb filed an affidavit for an arrest he made on March 26, 2023, of Madeline Elizabeth Smith.
Smith, of Concord was charged with Disorderly Conduct; Falsify Physical Evidence; Resist Arrest/Detention.
In his arrest narrative on file in Merrimack County Superior Court, Cobb said he was dispatched with Officer Bissonnette and Concord Fire to the area of Shea Farm on Iron Works Road March 26, 2023, for the report of a roll over accident where he saw several people next to the rolled over vehicle.
Cobb said Madeline Smith was immediately next to the rolled over vehicle and was actively moving pieces of the scene around and defiantly refused to stop.
“I attempted to explain to Madeline why, but was interrupted by her again, to the effect of ‘I’m not going anywhere.’ I informed Madeline that I was going to have to escort her from the scene.”
Cobb said he put his right hand on her left elbow to escort her.
“Madeline jerked her elbow away from me stating to the effect of ‘Don’t (expletive) touch me.’”
He said Mica Smith “got in between me and Madeline preventing me from controlling Madeline. Mica put her hands on me to force me away from Madeline.”
Cobb said in the affidavit he moved Mica aside with the use of an arm bar. “I again attempted to control Madeline’s left arm to which she again resisted. I leg swept Madeline to the ground.”
“On top of Madeline while she lay on the ground, I was able to get Madeline’s right hand into a handcuff. At the same time, I overheard Officer Bissonnette struggling with Mica. Madeline refused to give me her left arm. I yelled to Madeline, who was screaming at the time, to give me her other hand and to stop resisting, to which she did not comply. I applied pain compliance to Madeline’s right wrist and after a quick moment, Madeline provided me with her other arm where I was able to place it into handcuffs,” Cobb wrote.
An arraignment and bail hearing for Cobb have been set for April 5, 2024, at 8:30 a.m., at the Merrimack County Superior Court in Concord, according to the Attorney General’s news release.
Simple Assault is a class A misdemeanor. When committed by an on-duty law enforcement officer, each count of Simple Assault is punishable by an enhanced sentence of up to 2-to-5 years in state prison and a $2,000.00 fine.
This Cobb case was investigated by law enforcement officers with the New Hampshire Department of Justice, with the cooperation of the Concord Police Department. This case is being prosecuted by Assistant Attorney General Joe M. Fincham II of the New Hampshire Department of Justice’s Public Integrity Unit.
