A Tucson police officer’s actions when he shoved a college student and two other people were “overzealous” but lacked “criminal intent,” according to the prosecutor who reviewed the incidents.
On Tuesday, the Police Department said the Pima County Attorney’s Office declined to prosecute Sgt. Joel Mann, who was seen on video forcefully pushing then-UA student Christina Gardilcic over a bench and others March 29, when a raucous crowd gathered on University Boulevard near North Tyndall Avenue after the UA men’s basketball team lost to University of Wisconsin in a NCAA Tournament game.
Pima County Chief Criminal Deputy Kellie Johnson said in a letter to the Arizona Department of Public Safety, which conducted a criminal investigation of Mann’s actions that night, that while his use of force in those incidents was “overzealous” and “not necessary,” his intent was “to protect the back of the (police) skirmish line and to keep people out of the riot area.”
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“It’s not a criminal intent if you’re using it to maintain public order,” Johnson said in an interview Wednesday.
She said in her letter that without evidence of criminal intent, the “State would be unable to prove any criminal charge beyond a reasonable doubt.”
Police Chief Roberto Villaseñor would not comment on the decision because the investigation was handed over to the DPS, according to Sgt. Chris Widmer, a police spokesman.
The department also said it could not comment on the internal administrative investigation, which concluded Aug. 25, until Mann has completed his right of appeal and due process.
A police board of inquiry found that Mann’s “use of force on three individuals during two separate incidents was inappropriate and should be referred to his chain of command for review of potential policy violations and disposition.”
The DPS said it would not comment on the findings of the investigation, saying only that the results were forwarded to the Pima County Attorney’s Office.
Stephen Weeks, an attorney for Gardilcic, who was finishing her last semester at UA at the time of the incident, said while Gardilcic is disappointed to hear that Mann would not be prosecuted, he was not surprised.
“Very rarely do prosecutors go after police officers in their local community,” he said. Likely, there would not be a unanimous jury to convict Mann.
Weeks filed a $375,000 claim against the city of Tucson on behalf of Gardilcic in August, saying she suffered from mental anguish, frustration and fear after the incident on top of physical injuries as a result of the incident. The city responded with a settlement offer of $20,000 and an apology from Villaseñor, but Gardilcic declined.
The next step is to file a lawsuit, Weeks said. He and his client are still in the process of discussing the terms of the lawsuit, he added.
Mike Storie, an attorney representing Mann, could not be reached for comment.
