PITTSBURGH (AP) - A police sergeant whose arrest of a drunken man at Heinz Field was caught on a security camera has been indicted on federal charges that he wrongly pushed and punched the man and filed false reports to justify the use of force.
Stephen Matakovich was charged in an indictment returned Tuesday with willful deprivation of civil rights and falsifying records.
Security video from Heinz Field in November shows Gabriel Despres standing with his hands at his sides and not advancing when the officer suddenly pushes him down and then strikes him in the face as he tries to get to his feet. Despres was treated for a bloody nose.
Matakovich’s attorney, Blaine Jones, had said Matakovich rightly used force because he believed Despres was threatening and had adopted an aggressive posture. Jones said on Wednesday he and his client were aware the government might indict and never stopped preparing their case.
“We are prepared to fight the case wherever we need to fight it,” Jones said.
The federal indictment said Despres was hit without justification during the arrest, which occurred while a high school championship football game was being played at the field, home to the Pittsburgh Steelers.
Mayor Bill Peduto, a Democrat, said it was a sad day for the city but the sergeant’s conduct was not representative of the police force.
The police department already fired the 22-year veteran for using what was deemed to be “unreasonable” force, and an initial appeal was rejected.
Matakovich is now seeking through an arbitration board to be reinstated, possibly to nonpatrol duty. He has until April 26 to surrender.
Matakovich also is facing charges brought by the Allegheny County prosecutor of simple assault, official oppression and perjury. He could face up to 10 years in prison on the federal civil rights charge and up to 20 years for the records falsification charge, both felonies, if convicted.
Despres still faces a preliminary hearing in May on charges including defiant trespass and public drunkenness. He didn’t return a telephone call seeking comment and doesn’t have an attorney listed in court papers.
Bryan Campbell, a police union attorney seeking to have the ex-officer reinstated, said that a state law requires officers charged with felonies to be suspended from “law enforcement duties” but that the language has been interpreted to mean officers in such cases can’t work patrol duties.
He said Matakovich could work in the police warrant office or evidence room.
“Plus, he’s a sergeant, so there’s a lot of administrative jobs for sergeants where they’re not out there answering calls and stuff,” Campbell said.
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