(WWJ) A sheriff's deputy in Northern Lower Michigan will go on trail for allegedly using "unwarranted and unreasonable" force on a man with autism.
The Michigan Attorney Genera's Office announced Tuesday that Ogemaw County Sheriff’s Deputy Matthew Viviano, who stand accused of assaulting a man with autism and not reporting the use of force to supervisors will go to trial.
A preliminary examination for Viviano, 48, was held at 82nd District Court in West Branch. He was bound over on charges of misconduct in office, a five-year felony, and one count of assault and battery.
In September 2021, Deputy Viviano and a second deputy responded to an emergency call at Premier Care Assisted Living that a 27-year-old resident with autism was assaulting a male caretaker. Three Michigan State Police troopers also responded to the call to assist the deputies.
The AG's office said in a news release that evidence presented at the preliminary examination showed that, while the responding officers were calming the situation, Viviano forcefully pushed the resident down to the couch twice and then utilized unnecessary defensive techniques against him.
The MSP troopers who were on the scene testified in court that the display of force by the deputy was unwarranted and unreasonable, the AG's office said.
“Officers who violate the law erode the public’s trust in law enforcement,” said Attorney General Dana Nessel, in a statement. “I commend the Michigan State Police troopers for reporting this incident and working with my department to hold accountable an officer who violated the law.”
Viviano waived his arraignment.
His next schedule court date is a pretrial conference set for Nov. 8 at in Ogemaw County.
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