(AP MODIFIED) — A Warren police officer who punched a young Black man in the face and slammed his head to the ground was charged Monday with a federal civil rights crime.
A criminal complaint against Matthew Rodriguez, 48, was unsealed in federal court ahead of an afternoon news conference held by U.S. Attorney Dawn Ison.
“It should send a clear message that we will not tolerate violence from civilians nor from the police, and that it 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," Ison said.
Jaquwan Smith, 19, was being processed at the Warren police station on June 13 after he was arrested on a warrant for multiple felonies.
Video shows Rodriguez exchanging words with Smith before the officer punched him, knocked him to the floor and slammed his head on the ground.
Police say other Warren officers intervened and immediately reported the incident to supervisors. The Warren Police Department launched an internal investigation. They say they made the decision to put Rodriguez on administrative leave within hours of the incident.
Smith had previously been searched for weapons, indicating there was no threat to the officer's security, a court filing said. The filing went on to say the victim was "not in an aggressive stance and his hands were by his side with his thumbs in his pants."
"It breaks my heart and it’s completely unacceptable. Actions like that compromise trust in the community, trust the community has with law enforcement," Devin Kowalski with the FBI said.
Rodriguez was fired on June 23 and charged separately with two misdemeanors in state court. Macomb County Prosecutor Pete Lucido says those charges are now being dismissed so the federal filing can proceed. Lucido says there was nothing similar in the state law to the civil rights charges now rendered, but he believes this is a more appropriate charge.
"No one is above the law including Mr. Rodriguez, who took an oath of office and as such, he will be prosecuted like anyone else," Lucido said.
7 Action News reached out to Rodriguez's defense attorney Elias Muawad Monday afternoon. Muawad says he was just made aware of the federal charge and is currently reviewing the case. Muawad says he has no comment at this time but says his client is maintaining his innocence.
Warren police also held a press conference Monday afternoon following news of the charge. Commissioner William Dwyer says Rodriguez's alleged actions were an embarrassment to the department.
“The actions of Rodriguez goes against every aspect the Warren Police Department stands for,” Dwyer said during the press conference. "This is not what police officers do. This is not who police officers are. This is not how police officers are trained and most importantly, this is not how police officers should interact with the community."
“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,” Lucido said in a statement.
The incident is also at the center of a $50 million lawsuit filed by Fieger Law Firm on behalf of Smith. Attorneys for Smith released the following statement Monday:
We commend the Department of Justice for bringing federal charges against Officer Rodriguez but implore the DOJ to take a closer look at the Warren Police Department and their practices which enabled this atrocious behavior. They allowed Rodriguez to continue to remain employed as a police officer despite his history of excessive force, prior lawsuits and they are continuing to make false claims about the attack and the injuries of Mr. Smith. The fact that no discipline has been issued to the other officers involved, who actively participated in the repeated violations of Mr. Smith’s Constitutional Rights speaks volumes to the Warren Police Department’s complicit stance on this intolerable conduct. The community deserves answers and we will not stop until justice is served to all of those responsible.
-James Harrington, Managing Partner of Fieger Law
Rodriguez is set to make his first appearance in court later this week. A detailed criminal complaint for Rodriguez's federal civil rights charge can be found below.
Matthew Rodriguez Criminal Complaint by WXYZ-TV Detroit on Scribd
