Warren police officer fired after video showed him attacking man in city jail
A Warren police officer who officials say punched a suspect in the city jail and slammed his head onto the floor was fired Monday.
Matthew James Rodriguez, 48, of Southgate, was terminated effective immediately, Warren Police Commissioner William Dwyer said.
Dwyer said he reviewed Rodriguez's actions in what he called an "unjustified assault" June 13, as well as conclusions reached during an internal investigation.
"Like everybody, I was shocked and appalled when I observed Rodriguez’s actions. These actions were completely unjustified and unprofessional, ultimately resulting in criminal charges against him. This incident no doubt reflected negatively on every member of this department," Dwyer said in a release. "A comprehensive internal investigation showed that Rodriguez violated multiple department policies and procedures. Given the totality of this incident, the decision to terminate Rodriguez’s employment was clear and obvious.”
Officer had previous incidents of excessive force
Dwyer told the Free Press that Rodriguez's violations included using excessive force, conduct unbecoming officer and failure to have his body camera running.
Dwyer said he reviewed Rodriguez's personnel file and found at least two instances of excessive force. He said there was prior discipline against Rodriguez, but he declined to comment on the details.
Dwyer said Rodriguez and his representatives waived his right to an employment hearing that was scheduled before Dwyer on Friday.
Rodriguez also is facing two misdemeanor criminal charges over the incident involving Jaquwan Smith, 19, of Detroit, which was captured on video.
Rodriguez had been with the department for more than 14 years and was on unpaid leave after the incident.
He was seen punching Smith, slamming his head against the floor and pushing or throwing him into a cell at the city lockup after Smith's arrest June 13.
'If we don't have injuries, we don't have a felony charge'
Dwyer said during a news conference June 20 that Smith did not request medical attention after the incident, but police sent him to the hospital to be evaluated.
Rodriguez was arraigned June 20 in 37th District Court in Warren on assault/assault and battery, a 93-day misdemeanor, and public officer-willful neglect of duty, a one-year misdemeanor. He was released on a $5,000 personal bond. His pretrial is set for July 13, according to court records.
When the charges were announced last week, Macomb County Prosecutor Peter Lucido said Rodriguez was not charged with a felony "since there was no injury at the time, it’s a simple assault. It’s assault and battery."
“The charges are based upon what we can prove," Lucido said. "If we don’t have the injuries, we don’t have a felony charge.”
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Charges against suspect include resisting arrest
Dwyer said authorities are not charging Smith in connection with the incident in the fingerprinting area.
However, Smith is being held in the Macomb County Jail on a $250,000 bond on charges of armed robbery, assaulting/resisting/obstructing a police officer, breaking and entering a vehicle, a felony firearms offense and carrying a concealed weapon from an alleged incident that led to his arrest.
His criminal attorney, Joseph Kosmala, said Thursday that Smith did not mention the assault to him.
"I think after he was assaulted by the police officer, he's frightened and distrustful of the whole system — even me," Kosmala told the Free Press.
"Right now, he's a kid that made a serious mistake, if you can believe his actions, leading into his arrest. But he didn't need to be assaulted by a Warren police officer."
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Kosmala said police allege that Smith resisted arrest after officers responded to a call from a homeowner who spotted a person going through his unlocked vehicle in the driveway. The homeowner shouted, and the suspect reached into his hoodie pocket and pointed what appeared to be a small pistol at the homeowner, Kosmala said.
Kosmala said the homeowner ran into the house and called police with a suspect description; and officers arrested Smith, who allegedly ran and resisted being handcuffed.
Kosmala said Smith denies some of the charges, saying his client ran from officers because he was scared because he had a pistol.
Dwyer said Smith was 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 seated at a desk with a computer. Smith stands nearby, not handcuffed. Rodriguez gets up and walks over 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, per the video footage.
Rodriguez picks up Smith, apparently by his hair or clothing, holds him and eventually walks him to a cell, pushing or even throwing him inside. The video shows Smith falling onto the floor, and 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. Police proactively launched an internal investigation and placed Rodriguez on leave less than two hours after supervisors were informed, Dwyer said.
He said Rodriguez was not wearing a body camera, which was a policy violation. The other two officers were wearing body cameras, he said. Dwyer said one of the other officers reported saying "that's enough, that's enough" and tried to deescalate the situation.
Dwyer said no complaints had been lodged in the matter, including from Smith. Last week, Dwyer said: "If it were not for the reporting and review of this incident, we may have never known about it."
Dwyer said Rodriguez had worked for the department since 2008, and he was not sure whether Rodriguez worked for another department prior to that. Dwyer said Rodriguez had been assigned to the jail for several months, on and off, an assignment determined by seniority.
Peter Sudnick, an attorney who represented Rodriguez in court for arraignment purposes only, declined to comment June 20 on the criminal case.
Sudnick said he is labor counsel for the Warren Police Officers Association, the officers' union. He said that a criminal attorney would be assigned to the criminal case and that Rodriguez had been advised by his counsel not to make any statements.
No one from the union could be immediately reached for comment Monday, though messages were left seeking comment.
Contact Christina Hall: chall@freepress.com. Follow her on Twitter: @challreporter.
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This article originally appeared on Detroit Free Press: Warren police officer who assaulted man in city jail is terminated
