Two SPPD officers disciplined for improper use of force

ST. PETERSBURG, Fla. (FOX 13) - Two St. Petersburg police officers were disciplined for excessive use of force in separate cases, Chief Anthony Holloway announced Thursday morning.

In the first case, home surveillance video caught Officer Matthew Kirchgraber hitting a suspect back on April 5. Chief Holloway says Kirchgraber was helping a Pinellas County deputy arrest Tyrin Thompson outside a home along 4th Avenue South. The footage shows Kirchgraber and the deputy approach Thompson, who was laying on the porch after fleeing, then strike him several times as they pulled him up.

“This is not a technique taught by the department as a routine way of gaining compliance from a suspect,” his disciplinary letter noted.

A review board determined the use of force was “improper.” Kirchgraber was disciplined and must receive training on the proper use of force.

 

 

 

It was not immediately clear if the deputy was also disciplined.

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Three St. Petersburg police officers were disciplined for using excessive force during separate arrests, both of which were caught on camera, Chief Anthony Holloway announced Thursday morning. In one of the cases, the family of the man arrested is upset over his treatment.

Chena Powell says the video of her brother's arrest on April 5 speaks volumes.

Home surveillance video caught Officer Matthew Kirchgraber hitting Tyrin Thompson, who was laying on the porch of a home on 4th Ave. South, after fleeing Kirchgraber and a Pinellas County deputy.

Kirchgraber punches Thompson several times as they pulled him up.

A disciplinary letter to Kirchgraber noted, “This is not a technique taught by the department as a routine way of gaining compliance from a suspect,”

Police say Tyrin Thompson was the passenger in a car that was being pulled over when he and the driver ran. The rough arrest was caught on his aunt's home surveillance cameras.

“He's not resisting and wow, they just pounded him like that. That’s just so inhumane,” said Powell, adding, “I just want justice for my baby brother,”

A review board determined the use of force was “improper.” Kirchgraber was disciplined and must receive training on the proper use of force.

“What we've taught officers when they come out of the academy, distractionary blows are the last thing that you will do. You will try to use other tactics,” Chief Holloway said. 

In other words, the officer’s actions were legal, but frowned upon.

"My question to the officer was, 'Could you have done something else?'" Holloway said.

There is a second law enforcement officer in the video, Pinellas County Sheriff’s Office deputy Richard Curry. He can also be seen throwing punches.

However, according to a sheriff's office review, the allegations against Deputy Curry were "unsubstantiated," meaning there is insufficient evidence to prove or disprove them.

“I’m not going to second-guess what Sheriff Gualtieri has done, just like he's not going to second guess what we did.  You looked at the tape. I looked at the tape. People see different things,” said Chief Holloway.

The second case happened back on May 2, when suspect David Barker allegedly fled from police after they tried to pull over his pickup truck. He tried to flee on foot but later began to surrender to officers, with his hands in the air, when he was hit with a stun gun fired by St. Petersburg police Officer Andrew Viehmann.

Helicopter video provided by the department appears to show Barker sitting on the ground, with his hands in the air, when Viehmann fired the Taser.

“There was no obvious reason for the use of the Taser,” the review board concluded. “At no point were [there] any signs the suspect was going to attempt to flee or become violent.”

Viehmann’s discipline included a two-week unpaid suspension. He must also undergo training for proper use of force.

A second officer who witnessed Viehmann's use of the Taser was also disciplined for failing to report the incident.

The police chief said every officer in the department, including himself, will undergo additional self-defense tactical training as a result of the officers' actions. However, he said the incidents are not indicative of the department as a whole.

"This one act is not all 562 of us. It was two officers out of 562," Holloway said, referring to the total amount of officers working for St. Pete police. "This shouldn't have happened, and it shouldn't happen again."

Powell, meanwhile, says she sees officers going too far.

“It is happened all the time in this community. It does not need to be swept up under the rug,” she said.