Michigan Attorney General Dana Nessel has filed an appeal in the 10th Circuit Court in Saginaw County, seeking to reinstate criminal charges against Michigan State Police Trooper Zachary Tebedo and Saginaw Police Officers Jordan Engelhart and Dominic Vasquez.
The charges, initially filed in August 2022, accuse the officers of one count each of Willful Neglect of Duty.
Last month, Judge Sara Spencer-Noggle dismissed the charges in the 70th District Court, ruling that the officers’ failure to intervene when a fellow officer used excessive force did not meet the legal definition of Willful Neglect of Duty. Attorney General Nessel, however, strongly disagrees with the ruling.
READ: Fries Fury: California Mom Arrested After Fast Food Freakout
“When these officers took the victim into their custody, they assumed a duty and obligation to keep him safe from further harm, including harm inflicted by a fellow officer,” Nessel said. “The district court judge determined that these officers did not have a legal duty to intervene in the excessive force used by another officer against a handcuffed man in their custody, and we fundamentally disagree with that conclusion.”
The incident in question occurred during a traffic stop in March 2022. A Michigan State Police trooper assaulted a handcuffed Saginaw man, rendering him unconscious. Although emergency medical services were called to evaluate the man, they left after their assessment. The same trooper later assaulted the man again while attempting to place him in a Michigan State Police vehicle. During both assaults, Trooper Tebedo and Officers Engelhart and Vasquez were present but failed to intervene.
READ: Brothers In Florida Indicted For Armed Robbery Spree In Tampa, Face Up to Life in Prison
In a legal brief opposing the dismissal of charges, Nessel argued that “Tebedo and Officers Engelhart and Vasquez had a duty under the U.S. Constitution and the Michigan Constitution to protect the victim from further harm while he was handcuffed and in their custody.”
The brief further stated that the case raises important legal questions and that “the allegations and the law cited by the People warrant a jury’s determination of whether the officers committed the crime of Willful Neglect of Duty.”
Nessel’s appeal underscores her belief that accountability is necessary when law enforcement officers fail to act in situations involving excessive force. The appeal now awaits consideration by the 10th Circuit Court.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.