A Somerville police officer has been charged with assault after allegedly using his pepper spray on a person in law enforcement custody who authorities say posed no threat to him.
A criminal complaint was issued against Officer Michael McGrath on Wednesday, charging him with assault and battery by means of a dangerous weapon stemming from the Oct. 1, 2019, incident, WCVB reports.
McGrath, who was placed on administrative leave last year, has had his pay revoked following an investigation and after the charge was filed against him, according to WHDH.
The complaint filed in Somerville District Court alleges McGrath responded to a report of a disturbance at a home and used his pepper spray on a man who had already been taken into custody and did not pose a threat to the officer, the news station reports.
McGrath wrote in an incident report the man resisted arrest — however, video from a police vehicle allegedly captured McGrath pepper-spraying the suspect after he was already in restraints, according to WHDH.
“Our officers are entrusted with tremendous responsibilities, and our residents must be confident that every officer will perform those duties to the highest standards, using force only when necessary and according to departmental training, policy, and the law,” Somerville Mayor Joseph Curtatone said in a statement to WCVB. “We have referred this case to the District Attorney and we will continue to fully cooperate with their investigation.”
McGrath is slated to be arraigned on Nov. 13.
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