Nessel: Ogemaw County sheriff's deputy charged with assaulting autistic resident
(CBS DETROIT) - Attorney General Dana Nessel has charged an Ogemaw County sheriff's deputy with using excessive force against an autistic man.
A press release from the Michigan Attorney General's Office on Aug. 24 announced the charges against Deputy Matthew Viviano.
On Sept. 8, Ogemaw County Sheriff's Office responded to an emergency call at Premier Care Assisted Living Home, which is located at 5205 S M-33 in Alger, Michigan.
Officials say the victim, a 27-year-old autistic adult resident, allegedly assaulted a caretaker and was reportedly acting "out of control."
Along with Viviano, Ogemaw Sheriff's Deputy Michael O'Dell, and Michigan State Police troopers Robert Lee, Justin Henderson, and Jo Hamlin, responded to the call.
When they arrived at the scene, law enforcement at the facility said that the victim was not able to communicate effectively and showed signs of emotional distress.
In addition to this, they said that the victim did not seem assaultive or threatening.
Viviano repeatedly tried to force the victim into a seated position, agitating and upsetting him, before assaulting him.
The news release stated, "Deputy Viviano engaged with the victim to force him into a seated position, agitating and upsetting him. Deputy Viviano did this repeatedly, pushing or forcing him to sit down. When the victim did not comply, Deputy Viviano physically assaulted him. Trooper Lee intervened to deescalate the situation. Once the assault ended, Deputy Viviano and the victim were separated, and Deputy Viviano was taken outside. The victim was transported to the local hospital by Deputy O'Dell for evaluation."
Deputy Viviano will be charged with one count of misconduct in office, a five-year felony and one count of assault and battery, a 93 day misdemeanor.
The three troopers at the seen reported the incident to Sgt. Craig Johnson of the Michigan State Police and Nessel thanked the troopers for taking action.
"I would like to thank Michigan State Police Troopers Henderson, Lee and Hamlin for reporting the unlawful actions of a fellow officer," said Nessel. "Those who violate their oath to protect and serve must be held accountable. If their conduct is ignored or accepted, we risk eroding public trust in all law enforcement which in turn threatens the safety of our communities and our state."