Former Tukwila, Washington, Police Officer Charged with Using Excessive Force Against Restrained Arrestee
Former Tukwila, Washington, Police Department (TPD) Officer Nicholas Hogan was charged today with using excessive force on a restrained arrestee on May 20, 2011, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Annette L. Hayes of the Western District of Washington.
The indictment alleges that Hogan, while acting as a TPD officer, deployed oleoresin capsicum spray (commonly referred to as OC spray or pepper spray) against an arrestee who was in four-point restraints and shackled to a gurney in a hospital. The indictment identifies the arrestee only by the initials M.S. The indictment further alleges that M.S. suffered bodily injury as a result of Hogan’s use of excessive force.
An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty. If convicted, Hogan faces a maximum sentence of 10 years in prison for the civil rights violation, as well as a potential $250,000 fine.
The case is being investigated by the FBI’s Seattle Division. The case is being prosecuted by Assistant U.S. Attorney Bruce Miyake of the Western District of Washington and Trial Attorneys Jared Fishman and Rose E. Gibson of the Civil Rights Division’s Criminal Section.