Tallahassee Race Soldier Pleads Guilty: As a Compliant, Handcuffed Black Man Laid on His Stomach White Cop Lifted Him into the Air & Slammed Him to the Ground, Twice
From [HERE] A white police officer with the Tallahassee Police Department pleaded guilty late last week to assaulting a suspect while he was handcuffed.
Michael Brandon Smirnoff was indicted on October 3, 2018 by a federal grand jury in Montgomery. He was charged with two counts of deprivation of rights under color of law, and one count of obstruction of justice.
Smirnoff was accused of twice using unlawful force on arrestees as well as submitting a false report to cover up one of the incidents.
The DOJ says the first incident took place on March 29, 2016, when Smirnoff allegedly slammed a handcuffed man to the ground, then used unreasonable force while putting him into a police vehicle.
The second incident is said to have happened July 5, 2015. In that incident, investigators say Smirnoff tased a man who had already been placed in handcuffs who was not physically resisting.
Prosecutors say both victims were injured as a result of Smirnoff’s actions. The obstruction charge stems from the second incident, which the DOJ contends the officer tried to cover up the incident by filing a false report.
The terms of the plea offer were not disclosed but it appears the second case was dismissed.
Brandon Smirnoff, 27, was pursuing a suspect, identified as J.M., in his patrol car in March 2016, according to the Department of Justice. At some point, J.M. got off of his four-wheeler, laid on his stomach on the ground and was handcuffed by several officers.
While the man was handcuffed, authorities said, Smirnoff lifted him into the air and then slammed him to the ground. Smirnoff then repeated the assault. Moments later, before Smirnoff placed the victim into his patrol car, Smirnoff slammed the victim’s head into the side of the vehicle. for each assault, the victim was handcuffed, compliant, and did not pose a threat, Franklin said.
Investigators said J.M. posed no threat during the arrest and was compliant the entire time.
Smirnoff faces a maximum sentence of 10 years in prison and a $250,000 fine. His sentencing has been set for July 18.
“Police officers who willfully use excessive force not only violate the Constitution, they erode the public trust in law enforcement,” Drieband said in a prepared statement.
“It is especially important in a climate of distrust between law enforcement and the public, that officers act ethically and within the bounds of the law,” Franklin said. “This police officer’s brutal behavior was unacceptable and criminal. He violated this young man’s constitutional rights and the trust placed in law enforcement officers to faithfully, ethically, and morally enforce the law. You can be sure that anytime an officer steps over the line and into criminal behavior, as this one did, my office will hold that individual accountable.”
“This police officer’s brutal behavior was unacceptable and criminal. He violated this young man’s constitutional rights and the trust placed in law enforcement officers to faithfully, ethically, and morally enforce the law. You can be sure that anytime an officer steps over the line and into criminal behavior, as this one did, my office will hold that individual accountable.”
Smirnoff was previously indicted on federal charges for civil rights violations and obstruction of justice in October and charged with two counts of deprivation of rights under color of law and one count of obstruction of justice. Along with the March 2016 incident, Smirnoff also allegedly tased a handcuffed man in July 2015, according to the Department of Justice.