Ex-deputy charged after alleged assault during traffic stop
A former deputy with the Shelby County Sheriff ’s Office has been criminally charged in connection with an alleged assault on a man during a traffic stop in December.
A grand jury indicted 39-year-old Justin Fitzgibbon on charges of official oppression, a felony, and misdemeanor assault, the Shelby County District Attorney’s office announced. Online records said he was booked into jail on Tuesday, then released on bond.
The DA’S office said the incident took place about 2:20 p.m. on Dec. 31, 2019. Fitzgibbon stopped a Honda Accord that was reportedly traveling 100 mph on I-40 near Sycamore View Road.
That led to a confrontation with Marvin Moore, a 24-year-old passenger in the car. Moore was initially charged with assaulting a law enforcement officer.
An arrest affidavit written by another deputy gave the initial account. It stated that Fitzgibbon gave verbal commands to front passenger Moore to exit the vehicle and put his hands behind his back.
“Suspect exited the vehicle holding a child,” the affidavit said. “Suspect turned away from Deputy Fitzgibbon and reached for something on the ground. After handing the child to another passenger and ignoring several verbal commands from the deputy, the suspect pulled away and resisted.
Deputy used force to control suspect and detain him.”
Neither the arrest affidavit nor the DA’S announcement clarified exactly what level of force the former deputy is accused of using against Moore, nor is there discussion of any injuries to him.
However, the prosecutor’s office said Moore filed a complaint with the sheriff ’s office saying Fitzgibbon used excessive force. That led to review of the deputy’s body-worn camera and the conclusion that the passenger hadn’t assaulted the deputy, the prosecutor’s office said. The assault charge against Moore, the passenger, was later dropped.
The prosecutor’s office says Fitzgibbon left the sheriff’s department early this year. Efforts to reach him for comment were unsuccessful. The available court records don’t list a defense attorney.
Prosecutions for police excessive force are rare
Prosecutions of law enforcement officers for on-the-job excessive force are rare in the Memphis area.
For instance, The Commercial Appeal recently reviewed 18 written summaries of Memphis Police Department internal investigations from 2019 involving allegations of excessive force.
None of those 18 cases was referred to the prosecutor’s office for review – all were handled internally, a process that can lead to suspension or in an extreme case, termination from the police department.
In 16 of the 18 cases, MPD investigators cleared officers of use of excessive force.
In another case, one officer resigned and several others faced suspensions.
In yet another case, the internal investigation led to charges against the officer, but after a hearing, the case against the officer was dropped.