A Tucson Police Department sergeant who was seen on video violently shoving a college student when a large crowd gathered after the University of Arizona men’s basketball team’s loss to Wisconsin in the NCAA tournament in March will not be criminally prosecuted.
Late Tuesday, the department said in a news release that the Pima County Attorney’s Office declined to prosecute Sgt. Joel Mann for his actions that occurred when hundreds of students assembled March 29 on University Boulevard and North Tyndall Avenue.
In an incident, Mann, an 18-year veteran, was seen on video pushing a UA student, who was knocked over a bench.
The video went viral on the Internet and social-media sites.
Earlier this year, a police board of inquiry found the officers’ overall actions justified in how they dealt with the raucous crowd following the Wildcats’ loss in the Elite Eight round of the tournament.
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People in the crowd, which was peaceful at first, began taunting officers and throwing bottles and firecrackers at officers before they were dispersed near Main Gate Square.
However, the 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.”
Mann’s “use of force against the first two individuals occurred when he left his assignment as the supervisor of the arrest team to assist on the left side of the skirmish line. The use of force against the third individual occurred as she approached the rear of the skirmish line approximately eight minutes later,” states the police board of inquiry report.
The Arizona Department of Public Safety did a criminal review of both incidents involving Mann. The DPS was asked to investigate Mann’s actions “to avoid any appearance of impropriety,” said Tucson Police Lt. Christian Wildblood in April.
That investigation was presented to the county attorney’s office to determine if charges would be filed.
The police board of inquiry report stated that the FBI was “conducting a review for any civil rights violations on the actions” of Mann.
In July, Police Chief Roberto Villaseñor said an officer whose actions the board said were an inappropriate use of force would be disciplined.
The internal administrative investigation conducted by TPD regarding Mann’s actions was completed Aug. 25.
However, in Tuesday’s news release, it states that the administrative investigation will not be disclosed until Mann “has completed his right of appeal and due process as directed by state law.”
Christina Gardilcic, the student knocked over the bench, has filed a $375,000 claim against the city.
Isabel Burruel-Smutzer, a spokeswoman for the Pima County Attorney’s Office, said no one from the office was available to comment on the case Tuesday night.
