Michigan’s Attorney General challenges a ruling that dismissed criminal charges against law enforcement officers accused of failing to intervene in a case of excessive force.
Nessel Seeks to Reinstate Charges in Excessive Force Case
LANSING, MI—Attorney General Dana Nessel has filed an appeal with the 10th Circuit Court in Saginaw County, aiming to reinstate criminal charges against Michigan State Police (MSP) Trooper Zachary Tebedo and Saginaw Police Officers Jordan Engelhart and Dominic Vasquez. The officers were initially charged with Willful Neglect of Duty in 2022 for allegedly failing to intervene in the assault of a handcuffed man in their custody.
The appeal comes after Judge Sara Spencer-Noggle of the 70th District Court dismissed the charges last month, ruling that the officers’ inaction did not legally constitute willful neglect of duty. Nessel contends the ruling was incorrect and that the officers had a clear duty to protect the victim from harm, including harm inflicted by a fellow officer.
“When these officers took the victim into their custody, they assumed a duty to keep him safe, including protecting him from harm caused by another officer,” Nessel stated. “We stand by these charges and look forward to presenting our case in Circuit Court.”
Details of the Incident
The charges stem from a March 2022 traffic stop in Saginaw, during which an MSP Trooper allegedly assaulted a handcuffed man twice. According to the Attorney General’s office:
- The victim was punched in the head by the Trooper while handcuffed, rendering him unconscious.
- Emergency medical services were summoned to evaluate the man but departed without transporting him.
- The Trooper assaulted the victim a second time while attempting to secure him in the back of an MSP vehicle.
Both assaults occurred in the presence of Trooper Tebedo and Officers Engelhart and Vasquez, who, according to Nessel, failed to intervene or prevent further harm to the victim.
Legal Arguments and Constitutional Duty
In her appeal, Nessel argues that the officers’ inaction violated both U.S. and Michigan constitutional protections afforded to individuals in police custody. “Tebedo and Officers Engelhart and Vasquez had a duty to protect the victim from further harm while he was handcuffed and in their custody,” reads the brief.
The Attorney General emphasized that the allegations raise significant legal and factual questions suitable for a jury to decide. “At a minimum, the allegations and the law cited by the People raise a question of fact for a jury of the officers’ peers,” the filing states.
Wider Importance of the Case
The appeal underscores the ongoing national debate over the responsibilities of law enforcement officers to intervene when witnessing misconduct by their colleagues. The Michigan case could set a precedent regarding officers’ accountability in preventing excessive force and safeguarding individuals in custody.
Nessel’s decision to appeal reflects her commitment to prosecuting cases involving police misconduct and enforcing constitutional protections. Critics of the dismissal argue that failing to hold officers accountable undermines public trust in law enforcement and diminishes protections for vulnerable individuals in police custody.
Next Steps in the Appeal Process
The appeal now heads to the 10th Circuit Court in Saginaw County, where the Attorney General’s office will argue that the charges against the officers were appropriately filed. A timeline for the court’s review has not been set, and the defendants remain presumed innocent unless proven guilty.
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