Cop who punched and pepper-sprayed handcuffed suspects is exonerated
Handcuffed and secured in the back seat of a squad car, three rowdy men were unable to keep their mouths shut, which gave Marco Island Police officer Stephen Mariani no choice but to stop the car, open the back door and punch and pepper spray the three men.
It was an “impossible situation”, according to the Florida Department of Law Enforcement who exonerated Mariani last week of three counts of excessive force, saving the officer from permanently losing his badge.
However, the State Attorney’s Office was not so forgiving when it investigated Mariani of misdemeanor battery last August.
Mariani was ordered to take six months of anger management classes in a criminal plea agreement for the incident that occurred in February. The Marco Island Police Department suspended Mariani without pay for two weeks, assigned him to desk duty for 5½ months and placed him on probation for six months, ending Feb. 22, 2009.
The February 2008 incident was captured in a police car video, which is the only reason this incident even came to light. The video is dark and difficult to see, so read a synopsis of what actually occurred in the back of the car from the Marco News:
The video — stamped with both the time and date — begins at 12:44 a.m.
At the start, the three begin verbally harassing Mariani, threatening to fight him and bouncing around the backseat.
“Who the (expletive) do you think you are, (Collier County Sheriff) Don Hunter?” Blanco asks. “You ain’t (expletive).”
Blanco then repeatedly calls Mariani a “rent-a-cop.”
Mariani appears to be calm and says little, or nothing, audible.
Then less than two minutes after the ride begins and less than a mile away from where he started, Mariani stops the car, exits and opens the back door.
Mariani strikes Polanco in the face at least three times before climbing over him to punch Blanco’s face.
“Shut the (expletive) up,” Mariani says before hitting Blanco.
Mariani closes the door with Polanco kicking and all three screaming at him.
They stop and one prisoner yells, “He’s going to Mace us, chill!” They duck.
“Ready?” Mariani asks.
He discharges pepper spray into the vehicle. Twenty seconds after the first burst, Mariani sprays again.
“Deep breaths,” Mariani repeats. “Deep breaths.”
For the next eight minutes, the three men remain in the car thrashing, yelling obscenities at Mariani and begging for relief. All three repeat that they can’t breathe. Blanco bangs his head over and over against the Plexiglas partition dividing the back seat from the car’s front.
Mariani drives back to the police department parking lot. He opens the back door and hoses the prisoners down with water while they remain seated in the car.
Although it is true that the men were drunk, rowdy, unruly and belligerent, it is also true that they were handcuffed and on their way to jail, so it was hardly “an impossible situation”.
The fact that the State Attorney’s Office criminally charged Mariani with misdemeanor battery shows that he acted no differently than the suspects he was transporting.
The shocking part, however, is not that Mariani used excessive force on the suspects because that happens all too often when the video cameras are not rolling.
The shocking part is that the suspects were given only six months probation even though they were charged with battery on a police officer and resisting arrest with violence.
Shocking because I was sentenced to one year probation for resisting arrest without violence.
But I guess the Marco Island suspects did not have the audicity to blog about their case.
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Comments
To the cops out there, what are the rules of engagement for pepper spray?
Seems pretty hard to justify being as the suspects were handcuffed and behind a reinforced wire barrier.
Unacceptable! Unforgivable! Highly unprofessional!
Marco Island police officer Stephen Mariani, Marco Island Police Chief Thom Carr, and Marco Island City Council Member Frank Recker all seem to have no regard for the three men that were assaulted and pepper sprayed while hand cuffed in the back of a police car. Incredible!
If this is NOT excessive force I shutter to think what would be. FDLE is a joke!
You will never catch me, any member of my family, or anyone else that will listen to me, in Marco Island for any reason.
This kind of deplorable behavior is simply unacceptable.
Seems to me that that cop just snapped. I’m not saying what he did wasn’t wrong, but I think he first need a psychological evaluation to make sure he’s stable, cause it didn’t really look like it. Calm one minute, beating the next, it’s just not natural. If he is all there then he needs to go to jail himself.
“…i think that … those primates … [should have been] put in a burlap bag and thrown in the trunk” – City Councilman.
I think that’s the most telling quote i’ve heard in a while.
He’s basically excusing the cop’s behavior because the guys in custody were yelling…
What the hell, man?
It’s a shame that this police officer had to even so much as be investigated. He did nothing wrong, and was well within his standard operating procedures. If the three punks in that car had been compliant until they reached the police station they would have been fine, but they chose to be non-compliant, and they got what they deserved. The cop should be given a commendation.
The officer intent was to torture his prisoners. It should become clear to everyone pepper spray is not about restraining people or facilitating arrest it is about torturing human beings, that combined with the electric whip (taser) are the tools of the sadist. Here is a question, if someone taped ne doing that to a cat or a dog, would I get charged, would I get fined and imprisoned, the answer is yes. So clearly the city and it’s police force value citizens as less than animals.
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