The appellant police officer appealed findings of guilt for neglect of duty and unlawful or unnecessary exercise of authority arising from his use of force against an intoxicated, handcuffed individual in a police cruiser.
The Commission revoked the finding of guilt for unlawful exercise of authority, finding the Hearing Officer applied the wrong standard of proof, improperly relied on personal experience to determine the cause of the individual's injury, and made irreconcilably inconsistent findings of credibility.
However, the Commission confirmed the finding of guilt for neglect of duty, upholding the determination that the appellant deliberately misled his supervisor and failed to properly document the use of force in his notes and reports.
