FALL RIVER, Mass. (WPRI) — A Fall River police officer accused of assaulting a female family member was released on personal recognizance following a dangerousness hearing Friday.
Prosecutors sought to hold Michael Malek without bail until his trial, but the judge said he was not convinced that Malek is a threat to others.
Malek, 58, was released on the condition he follow an order to have no contact with his alleged victim, which the judge extended for a year.
According to the police report, Freetown officers took Malek into custody Monday after a neighbor heard a woman screaming for help. The report stated that police found Malek on top of the victim, who had a cut on her forehead.
“Her arms were extended fully over her head, with a pillow just above her head,” Patrolman Phillip Pine said. “Mr. Malek had his hands holding down her wrists and he was straddling her above the waist.”
The report went on to say that Malek told police he had to restrain the family member because she was drunk and out of control. Malek reportedly acknowledged to officers that he had also been drinking.
During Friday’s hearing, the defense called a neighbor forward who testified that the woman had actually cut her face falling at their house.
“She couldn’t sit still. She couldn’t look at us straight in the face,” the neighbor said.
Malek is charged with one count of assault and battery on a family member, disturbing the peace and six counts of improper storage of a firearm.