Fall River Man Sentenced to Consecutive Jail Terms for Assaultive Restraining Order Violation

Bristol County District Attorney’s Office
Thomas M. Quinn III
District Attorney

Press Release
March 23, 2023

A 44-year-old Fall River man who, while already out on bail, violated a restraining order and assaulted the mother of his children, was convicted by a jury of his peers on Tuesday in Fall River District Court and sentenced to serve jail time, Bristol County District Attorney Thomas M. Quinn III announced.

The Jury of Six in Fall River District Court convicted Eduardo Mendez of Violation of a Restraining Order and Assault and Battery in Violation of a Restraining Order. 

After the verdict was reached, Assistant District Attorney Kalene Kobza argued that based on the defendant’s record and the egregious facts and circumstances of the cases, the defendant should be sentenced to the maximum two-and-a-half year jail term on count one and an additional two years of jail time on the second count, for a total of four-and-a-half years in jail.  The defense argued for a one year jail sentence, with only 120 days to serve.  District Court Judge Sabine Coyne, who during sentencing called the defendant’s behavior on the date of the incident “deplorable,” sentenced the defendant to the maximum jail term on count one and an additional 18 months on the second count for a total of four years in the Bristol County House of Corrections.  The judge also commended the victim and her daughter for being brave, and testifying in this case. 

On July 22, 2022, Fall River Police responded to the CVS at 550 Pleasant Street in Fall River for a possible domestic incident and restraining order violation.  Upon arrival, officers Rachel Silvia and LoryMar Devarie met with the victim, who was present with her four children between the ages of three and 12.  The victim told officers that she had a restraining order against the father of her two youngest children and that he violated the order on this date.  The order included all four of the victim’s children.  The victim said she was walking to Wendy’s with her four children when she was approached by the defendant in his van.  The defendant told her and her children to get into the van, and they complied because they were in fear of him.  Once in the car, the defendant began accusing the victim of having sex with other people and calling her derogatory names.  As they pulled into the Speedway gas station, the victim asked to be let out from the van, but the defendant instead accelerated and continued driving, refusing to let her out.  During the drive, the victim continued to plead with the defendant to let her out of the car, but he never stopped the vehicle. The two younger children in the backseat were crying, and the defendant told them to shut up.  When he finally parked the car in the CVS parking lot, the victim tried to get out of the car but the defendant grabbed onto her arm and tugged at her wrist to prevent her from leaving.  Eventually she was able to get out of the car and the defendant followed her, still pulling at her and grabbing her to get her back in the car.  Meanwhile, her children were able to get out of the car and a witness who was parked in her own car saw what was been happening asked if they needed help.  The victim and her children went over to the woman in her car and the defendant still continued to follow.  The witness told the defendant to get away from her car and that she was calling the police.  The defendant told her not to call the police and then fled the scene in his van.  

The victim and her 12-year-old daughter testified consistently during the trial and both expressed extreme fear during the entire ordeal.  Both testified that they did not feel they had the choice to not get into the car because the defendant was so aggressive, and they were afraid of what he might do.  The witness who observed the altercation was present and testified as well.  She testified that she was afraid for the victim and her children, and that she was afraid herself.  Finally, Officer Devarie testified that the victim appeared to be very frightened.

At the time this offense occurred, the defendant had another pending case involving the victim, which is what prompted her to obtain the restraining order in the first place.  As a condition of release on that case, he was placed on a GPS and ordered to stay away and have no contact with the victim and her children.  The defendant was wearing his GPS when he violated the restraining order and picked up this new offense.

“Despite being on a GPS bracelet and having a restraining order against him from the victim in a pending case, the defendant forced the victim and her children into his car against their will and assaulted the victim,” District Attorney Quinn said.  “Fortunately they were all able to get out of the car without being hurt. The defendant clearly is a danger to the victim and her children, and needs to be taken off the street to protect them. I commend the witness for having the courage to assist the victim and alert the police.”

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Gregg Miliote

Director of Communications

774-292-9576