3 Michigan State Police troopers charged for using 'excessive force' in Owosso arrest
CORUNNA — Three Michigan State Police troopers have been charged in connection with the assault of a bicyclist last summer in Owosso.
Michigan State Police announced Friday that Third District State Troopers Ryan Fitzko, Cody Lukas and Justin Simpson were arraigned in the 66th District Court in Shiawassee County on charges relating to an arrest of a person riding a bicycle a 1:13 a.m. on Aug. 24.
Shiawassee County Prosecutor Scott Koerner charged Fitzko, Simpson and Lukas with one count of misdemeanor assault and battery. Lukas faces an additional charge of felony misconduct in office.
Messages seeking comment were left with attorneys for the men Friday afternoon.
“The use of excessive force by a Michigan State Police trooper against anyone is unacceptable and inexcusable,” said Col. Joe Gasper, director of the MSP in a news release. “In this department, we have zero tolerance for police officers who engage in criminal misconduct. Policing is a privilege bestowed upon those who swear an oath to uphold the Constitution and protect the public’s safety, and it is incumbent on every officer, and those who lead police officers, to hold themselves and those around them accountable for their conduct.”
The Third District is based in Flint.
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Michigan State Police released a redacted incident report and dash-camera footage of the arrest. According to the report, the troopers stopped the cyclist for not having lights on his bicycle and riding in the middle of the road. The cyclist was charged with having less than 50 grams of heroin in his possession and resisting police. The cyclist's name was not released and the status of his criminal case was unclear.
According to the report, one of the troopers struck and used a stun gun on the cyclist before arresting him.
Lukas wrote he and Fitzko used force on the cyclist to handcuff him after he said the cyclist tried to keep his hands in front of him. Lukas used a stun gun on the cyclist twice and it wasn't enough to subdue him as the cyclist struggled with Fitzko, he wrote.
"I took a step towards his direction to assist Tpr. Fitzko," Lukas wrote. "(Redacted) reached out with his left hand and attempted to grab my right leg (active aggression-grabbing). I kicked (redacted) in the face with my right foot (physical controls) due to him attempting to advance towards me in an aggressive manner (active aggression-advancing)."
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Lukas used the stun gun on the cyclist a third time. After Simpson arrived, Lukas wrote he punched the cyclist in the back four to five times and the troopers gained control of the cyclist.
Lukas wrote that he pepper sprayed the cyclist for 2 seconds, forcing the man to turn on his stomach before he could be handcuffed.
State troopers struggled with the cyclist for just under 2 1/2 minutes before arresting him, in the dash-camera video. During that time, the cyclist attempted to run and troopers punched him and used stunned him, the video shows.
The cyclist shouted out repeatedly, apparently frustrated with the interaction because "of a light on a bicycle." He cursed at the troopers and told them his eyes were in pain.
Doctors at Owosso Memorial Hospital told police the cyclist sustained injuries relating to the force used.
According to the release, Lukas was suspended on Aug. 30; Fitzko and Simpson were reassigned from road patrol pending the investigation. Fitzko and Simplson have since been suspended because of the charges and the suspensions will continue until the criminal case and any subsequent administrative investigation are resolved, state police said in a release.
“Each of these matters is a breach of public trust that tarnishes the reputation of our department,” added Gasper. “Whether or not a criminal charge is issued, or a criminal conviction is obtained, our members will be held administratively accountable when they act outside of policy and training."
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Contact reporter Krystal Nurse at 517-267-1344 or knurse@lsj.com. Follow her on Twitter @KrystalRNurse.
This article originally appeared on Lansing State Journal: 3 Michigan State Police troopers charged in 'excessive force' arrest
