A
California borough police officer who had been suspended earlier this year now
is accused of assaulting a handcuffed suspect.
Chief
Rick Encapera on Monday charged full-time Officer Justin Shultz, 29, of
Connellsville, with misdemeanor counts of official oppression and simple
assault.
The
charges stem from an alleged early morning incident Nov. 9 involving Shultz and
suspect Adam Logan, 27, of California.
Encapera
said Logan was in custody at the police station around 3 a.m. awaiting
arraignment on charges related to an alleged purse snatching.
Logan
was standing in the holding cell, handcuffed behind his back and secured to a
bench with a leg shackle, according to an affidavit of probable cause.
Encapera
showed The Valley Independent footage from video surveillance inside the
station, which shows Logan appearing to continuously bicker with Shultz and two
other officers as Shultz finished searching him.
The
video shows the three officers leaving the cell and Logan continuing to chatter
out the cell door. That's when it appears Shultz walked back in, grabbed Logan
by the throat, pinned him against the wall and shook him twice.
Shultz
then allegedly pulled Logan toward him and slammed him to the bench and floor.
Logan appeared to be in what Encapera described as “substantial pain.”
On
Nov. 18, Logan waived his right to a preliminary hearing on robbery, simple
assault and other charges for the alleged purse snatching. He remains in the
Washington County Correctional Facility in lieu of $10,000 bond.
Encapera
said he viewed the video and sent an email to Shultz on Nov. 11 telling him not
to come to work. The chief said he followed that up with a written letter
telling Shultz he was off the work schedule.
Encapera
said Washington County District Attorney Gene Vittone recently reviewed the
video and advised the chief to file charges.
“I've
been a cop for 36 years, and I've gotten mad, but you never do anything like
this,” Encapera said. “Once you handcuff someone, the game is over.”
Encapera
said his department often uses leg shackles for arrestees because they are
often highly intoxicated and will run into cell walls and later claim
mistreatment by officers.
The
chief said he did not want to give the department “a black eye,” but felt there
was little choice but to file charges against Shultz.
“This
is not something you can just sweep under the carpet,” Encapera said. “When you
get a complaint from someone who was arrested, you have to take it with a grain
of salt.
“You
have to let them go through the court proceeding, and if they don't file a
formal complaint, I can't do anything. ... In this instance (Logan) was
secured. It was definitely mistreating somebody.”
Borough
council will ultimately determine whether Shultz is terminated.
Encapera
said he took Shultz off street patrol and placed him on “administrative duties”
in May after receiving “numerous informal complaints” regarding Shultz's
conduct.
On
May 13, council suspended Shultz and officer Terry Childs without pay after the
two returned an unmarked vehicle to Washington, Pa., May 3 during a Friday
night shift.
Their
action left the borough with just one available officer. The trip was not
authorized, Encapera said.
While
Shultz and Childs were away, a fight erupted outside Sigz Bistro, a business on
Second Street. The brawl required back up from four neighboring police
departments.
Encapera
said Childs submitted a letter of resignation, effective Dec. 1.
With
Shultz off the schedule, California is down to four working full-time officers.