POQUOSON, Va. (WAVY) — Charges have been withdrawn for a Poquoson police officer accused of attacking the mother of his children.
Sergeant Earl McNair remains on administrative leave for now, but 10 On Your Side wanted to know why there was a change of heart for a felony case, such as this one.
This story goes back to June, with an alleged assault. It ended Wednesday with four charges set aside. What happened in the middle is part of the story, too.
Sgt. McNair is a 10-year veteran of the Poquoson Police Department. He had two children with Theresa Curry. She lived in a Newport News home with the children after the relationship became strained.
According to court documents, McNair went to the home to reconcile the differences on June 18, but according to police, Curry told McNair she did not want to get back together. He got angry, allegedly jumped on her, held her down, put his hands around her throat and began to choke her.
When Newport News police showed up, the officer on scene said McNair was crying, saying he loved his family. Police report when McNair was asked about the assault, he told the officer four times he couldn’t remember anything about it. The questions he couldn’t remember included “What happened?” and “Did you assault her physically?”
Several times, he was asked “Do you remember anything?” All the questions were answered with McNair saying, “I don’t remember.”
The officer continued: “I informed him [McNair] that Ms. Curry stated he had assaulted her, and he said he didn’t think he did and still remembered nothing.”
McNair was charged with two felonies and two misdemeanors. The Poquoson police chief put McNair on administrative leave, and an internal investigation was initiated.
On September 5, police returned to Theresa Curry’s Newport News home, where she was found dead. Police say there were no signs of trauma or struggle. The medical examiner still doesn’t have a cause of death, and McNair is not charged with anything involving Curry’s death.
McNair remains on administrative leave, but has another job working in a garage at Poquoson Public Works. WAVY News went there to get his side of the story on the assault charges. 10 On Your Side’s Andy Fox saw him in a back room and wanted to talk to him. WAVY crews were then told “no” and “to go outside of the garage compound.”
One of the employees came out and said McNair had no comment.
“Look, he doesn’t want to talk to you. He said if you have any questions, call his attorney.”
McNair’s attorney is Ron Smith, of Hampton. He said the charges were nolle prosequi against his client, because the accuser is dead, and in a court of law, you have a right to confront your accuser and the witnesses.
McNair has custody of the couples’ two children.