Former Warren police officer charged in beating at city jail

A former Warren police officer who authorities say punched a suspect in the city jail and slammed his head onto a floor last month is facing a federal civil rights violation.

Matthew James Rodriguez is charged with deprivation of rights under color of law, a felony, in the June 13 assault, which was captured on video, according to a federal complaint unsealed Monday in U.S. District Court.

Warren Police Commissioner William Dwyer terminated Rodriguez June 26, calling the assault on Jaquwan Smith “unjustified” after an internal investigation. He previously told the Free Press that Rodriguez's violations included using excessive force, conduct unbecoming an officer and failure to have his body camera running.

The federal complaint describes the assault and states that Warren Police's nonlethal use of force policy provides "that officers use only the minimum amount of force necessary to affect an arrest, overcome resistance, defend themselves or others, or to gain control. At no point prior to RODRIGUEZ's use of force did the VICTIM, who was already arrested, strike or attempt to strike RODRIGUEZ, or resist in any way. Therefore, there was no basis for any force to be used by RODRIGUEZ, and the force that was used was unreasonable."

The federal complaint states 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 that was visible in photographs taken by Warren Police after the assault.

"This case involves a gross abuse of (a) citizen's civil rights by a police officer," U.S. Attorney Dawn Ison said during a news conference Monday afternoon in Detroit.

She said this case "should send a clear message that we will not tolerate violence from civilians nor from the police. And that this should send a clear message to those officers who defy their oath and the Constitution, contrary to the vast majority of law enforcement officers who carry out their duties and the difficult and dangerous duties that they have to carry out while protecting the citizens of this district every day, that they will be held accountable.

"They will be held accountable those who violate this oath and the Constitution. And we will be ... aggressive in our prosecution of these cases. It is a top priority of the United States Department of Justice and this office to protect civil liberties and that includes the accused."

Ison said Rodriguez will make an initial appearance in federal court later this week. She said the investigation is ongoing and additional charges are possible.

Elias Muawad, an attorney representing Rodriguez, said he received a call early Monday morning informing him of the federal charge. He said Rodriguez is not in custody, but Rodriguez will be turning himself in for arraignment Friday.

Muawad said he is awaiting materials, including the video and medical records, to review in the case.

Dwyer said Monday that Warren Police is cooperating with federal investigators and reiterated the two officers who entered the room during the assault did the right thing by reacting, telling Rodriguez “that’s enough” and immediately reporting the incident to their supervisor.

Dwyer called the incident “disgraceful” and said Rodriguez’s actions are not what the 228 members of the department stand for and they don’t deserve “the embarrassment, the shame” that Rodriguez brought. He said the federal charge sends “the right message,” according to a news conference he held Monday afternoon livestreamed on WXYZ-TV, Ch. 7.

Dwyer previously said he reviewed Rodriguez's personnel file and found at least two older instances of excessive force. He said there was prior discipline against Rodriguez, but he declined to comment on the details. Rodriguez and his representatives waived his right to an employment hearing June 23. He had been with Warren Police for more than 14 years.

Rodriguez, 48, of Southgate, also is facing two misdemeanor criminal charges in the assault of the 19-year-old Detroit man in 37th District Court in Warren. He is charged with assault/assault and battery, a 93-day misdemeanor, and public officer-willful neglect of duty, a one-year misdemeanor. A pretrial is set for Thursday in that court.

Macomb County Prosecutor Peter Lucido said Monday his office will be deferring to the U.S. Attorney's Office, which charged Rodriguez in federal court with the up to 10-year civil rights violation, to prosecute that case "as the federal system has a legal mechanism for civil rights violations and its penalties."

Lucido said his office will move to dismiss without prejudice the misdemeanor charges and allow the federal charge to move forward.

"It's a greater charge, if you will, a felony in lieu of a misdemeanor," Lucido said, adding there is no reason for duplicative justice. "Wouldn't the public be better served with a 10-year felony versus misdemeanor charges?"

In a release earlier in the day, Lucido said: “We are cooperating with the U.S. Attorney to ensure that when fundamental liberties are threatened, justice prevails. Together, we will strive to bring about justice and ensure righteousness in the legal system, reminding everyone that the protection of civil rights is a cornerstone of our democracy."

At the news conference with Ison, Lucido said tools were limited on state charges.

"Civil rights violation, if there was something to mirror in the state law, could have been brought and should be brought," he said, adding: "No one's above the law."

"It gives a black eye to all law enforcement," Lucido said.

He said the state Legislature should look at this case and see if there are resources state prosecutors need to make a change in the state law to mirror the federal civil rights statute.

"Why shouldn't it be in the state system?" he said.

When the state charges were announced, 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."

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.

Smith was being held in the Macomb County Jail on a $250,000 bond on charges unrelated to the jail incident: armed robbery, assaulting/resisting/obstructing a police officer, breaking and entering a vehicle, a felony firearms offense and carrying a concealed weapon from a June 13 incident.

He filed a federal lawsuit seeking $50 million against Rodriguez, the city and two unnamed officers. Dwyer previously said that two officers who came into the booking area as Rodriguez attacked Smith tried to deescalate the situation and reported it to supervisors.

Dwyer 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 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 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.

Dwyer said no complaints with the department had been lodged in the matter, including from Smith. Last month, Dwyer said: "If it were not for the reporting and review of this incident, we may have never known about it."

He said Rodriguez had been assigned to the jail for several months, on and off, an assignment determined by seniority.

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

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This article originally appeared on Detroit Free Press: Ex-Warren police officer Matthew James Rodriguez charged in jail attack