A Tucson Police sergeant who violently pushed a college student when a large crowd gathered after the UA men's basketball team's loss in the NCAA tournament, was "overzealous" in his actions but did not show "criminal intent," a prosecutor said.
In a letter explaining the reason for declining to pursue criminal charges against Sgt. Joel Mann, Pima County Chief Criminal Deputy Kellie Johnson wrote that the officer's actions in pushing down UA student Christina Gardilcic and two other people March 29 showed that Mann's use of force was "somewhat overzealous, and not necessary to accomplish the objective he intended."
"However, it is clear from the evidence that Sergeant Mann lacked any criminal intent in using the force he did," Johnson wrote in the letter, which was obtained by the Star through a public records request. "Because the evidence does not demonstrate any criminal intent on the part of Sergeant Mann, the State would be unable to prove any criminal charge beyond a reasonable doubt."
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Late Tuesday, the police department said in a news release that the Pima County Attorney's Office declined to prosecute Mann for his actions that occurred when hundreds of students assembled on University Boulevard and North Tyndall Avenue.
Johnson wrote that Mann said his only intent was to keep the people away from a line of fellow officers. "His sole intent in using the force was to protect the back of the (police) skirmish line and to keep people out of the riot area," Johnson wrote.
The incident where Mann, an 18-year Tucson police veteran, was seen pushing Gardilcic over a bench was caught on video that later went viral on the Internet and social-media sites. The incident involving Mann pushing the other two people was captured on video taken from a helmet cam the officer was wearing that night. The video had previously been released by police.
A police board of inquiry found officers' overall actions justified in how they dealt with the crowd.
However, the board 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."
In July, Police Chief Roberto Villaseñor said that an officer whose actions the board said were inappropriate use of force will be disciplined.
The internal administrative investigation conducted by TPD regarding Mann's actions was completed Aug. 25. However, in Tuesday's 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."
Gardilcic, the student knocked over the bench, has filed a $375,000 claim against the city.
