Manchester firefighter Rep. Garrity gets probation for assault on ex-wife, friend
Garrity, 47, was charged with three misdemeanors of simple assault after an incident at the Fish & Game Club, 50 Massabesic St. on July 22.
Trial was originally set for Oct. 29 in Circuit Court, but was continued. Garrity was reelected in November.
The initial charges accused Garrity of pushing his ex-wife, Wendy Garrity, in the chest and of punching Joseph Garvey on the left side of the face and of pushing him off a bar stool.
Patrick Garrity had just been fired from his job as a bartender at the club, where Wendy Garrity was treasurer and Garvey was president.
Prosecutor John Blanchard said Garrity went to the club that afternoon to pick up a final paycheck and the "emotions and difficulties" surrounding his divorce in April overcame him and he pushed his wife and her new male friend, Garvey.
Garrity's lawyer, William Craig, said he was in full agreement with the prosecution's proposed sentence of six months in the House of Corrections, all suspended for two years of good behavior, no contact with Wendy Garrity or Joseph Garvey and not going to the Fish & Game Club. He would also have been required to undergo a licensed alcohol and drug abuse counseling evaluation and follow up with any recommendations, with proof provided to the court.
Garrity pleaded to an amended assault complaint, which said he pushed both his ex-wife and Garvey.
Garrity entered a naked plea, which means the judge is not bound by the sentencing recommendations.
Judge William Lyons rejected part of the proposed sentence, saying he was not entirely convinced that alcohol was responsible for Garrity's behavior.
Lyons said he was sentencing Garrity to one year of probation, so that the probation department could do an evaluation to determine "the source of the issue."
The judge adopted the proposed six-month sentence suspended for two years of good behavior and barred contact with the two victims and the club.
He ordered Garrity to report to the probation department by 2:15 p.m. today.