Detroit Free Press

Ex-Warren officer may get 10 years in prison

Pleads guilty in the June 13 assault of suspect in city jail

- Detroit Free Press USA TODAY NETWORK

Christina Hall

A former Warren police officer will be sentenced in federal court in August, more than a year after authoritie­s said he was caught on video punching a suspect in the city jail and slamming his head onto a floor.

Matthew Rodriguez, 49, pleaded guilty Monday in U.S. District Court to one count of deprivatio­n of rights under color of law, a felony, in the June 13 assault.

Federal prosecutor­s will move to dismiss a charge of falsificat­ion of records if the court accepts Rodriguez’s plea, according to court documents. Rodriguez is to be sentenced Aug. 20, with federal authoritie­s saying he faces a maximum penalty of 10 years in prison.

Steve Fishman, an attorney for Rodriguez, had no comment Tuesday.

Rodriguez was terminated June 26. Former Warren Police Commission­er William Dwyer previously called the assault on Jaquwan Smith “unjustifie­d” after an internal investigat­ion. The assault was captured on video.

‘Police officers are not above the law’

Federal authoritie­s said Rodriguez used excessive force while fingerprin­ting and photograph­ing the suspect.

“This police officer carried out a violent assault on a man who was doing nothing to harm or endanger him and then tried to cover up his crime,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a news release.

“Police officers are not above the law in our country and will be held accountabl­e when they violate people’s civil and constituti­onal rights. When law enforcemen­t abuses their authority, it erodes trust between the police

and the community they are sworn to protect and serve.”

Federal authoritie­s stated that after Rodriguez took Smith’s fingerprin­ts, he struck him multiple times and slammed his head against the floor, causing injury.

“When Rodriguez began to assault him, J.S. was not physically resisting Rodriguez and posed no immediate threat to anyone,” according to their release, which identified Smith by the initials J.S.

It stated that during the plea hearing, Rodriguez admitted that he knew his use of force was unreasonab­le and contrary to department policy and that he wrote a report in which he made false statements about the incident and omitted material informatio­n.

A complaint filed in federal court last year stated that the victim was provided with medical care for swelling and bruising in the area to the right side of his nose and that Rodriguez caused injury to the victim’s face, including bleeding and swelling visible in photograph­s taken by Warren police after the assault.

City faces lawsuit over incident

Dwyer previously said he reviewed Rodriguez’s personnel file after this incident and found at least two older instances of excessive force and prior discipline against Rodriguez, but he declined to comment on the details.

Rodriguez, of Southgate, had been with Warren police for more than 14 years at the time of the June assault.

Smith filed a federal lawsuit — seeking $50 million — against Rodriguez, the city and two other officers. The lawsuit is ongoing.

Dwyer previously said Smith had been arrested just before 5 a.m. June 13, and the booking officer — Rodriguez — took custody of him a little over an hour later.

In video released June 20, Rodriguez is seen seated at a desk with a computer in the city lockup. Smith stands nearby, not handcuffed. Rodriguez gets up and walks over to him. It appears words are exchanged, but there is no audio. Dwyer did not know what the men said to each other.

In the video, Rodriguez strikes Smith with his right hand, pushes him against a wall and takes him to the floor.

Within seconds, two other officers are seen entering the room. Rodriguez punches Smith and slams his head against the floor, the video footage shows.

Rodriguez picks up Smith, apparently by his hair or clothing, holds him and eventually walks him to a cell, pushing or throwing him inside. The video shows Smith falling onto the floor, with Rodriguez shutting the cell door and walking away.

Dwyer said the two officers intervened in the incident, which happened in less than one minute, then reported it to supervisor­s that day, launching an internal investigat­ion and Rodriguez being placed on leave before he was terminated.

Smith faces a Sept. 24 trial in Macomb County Circuit Court on charges stemming from his June 13 arrest: armed robbery, assaulting/resisting/obstructin­g a police officer, breaking and entering a vehicle, a felony firearms offense and carrying a concealed weapon.

Contact Christina Hall: chall@freepress.com. Follow her on Twitter: @challrepor­ter.

Newspapers in English

Newspapers from United States