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Date: 07-18-2019
Case Style:
United States of America v. Brandon Smirnoff
Case Number: 2:18-cr-00419-MHT-SMD
Judge: Myron H. Thompson
Court: United States District Court for the Middle District of Alabama (Montgomery County)
Plaintiff's Attorney: Denise Simpson and Michael J. Songer
Defendant's Attorney: Richard Benjamin White, Jr.
Description:
Montgomery, AL - Former Alabama Police Investigator Sentenced to Prison for Assaulting Handcuffed Arrestee
Former Tallassee Police investigator Brandan Smirnoff, 27, was sentenced to 22 months in prison for assaulting a handcuffed, 24-year-old man. Smirnoff encountered the victim, J.M., after a vehicle pursuit. After officers pursued J.M. for several minutes on a four-wheeler, J.M. stepped off the four-wheeler, laid face down on the ground, and allowed several Tallassee police officers to handcuff him. While J.M. was handcuffed and compliant, Smirnoff lifted him into the air and slammed him to the ground. Smirnoff then lifted the victim into the air and slammed him to the ground a second time. Moments later, before Smirnoff placed the victim into a patrol car, Smirnoff slammed the victim’s head into the side of the vehicle. Throughout the assault, the victim was handcuffed, compliant, and did not pose a threat.
“This defendant abused his power as a police investigator by assaulting a restrained person in his custody. Officers who willfully use excessive force not only violate the Constitution, they erode the public trust in law enforcement,” said Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division. “The Civil Rights Division is committed to protecting victims of these abuses and upholding the Constitution and laws that protect us all.”
“Mr. Smirnoff not only violated the victim’s constitutional rights by assaulting him repeatedly, he committed a crime that dishonored the whole law enforcement community,” said U.S. Attorney Louis V. Franklin, Sr. “A significant sentence of imprisonment was therefore appropriate in this case, not only to punish Mr. Smirnoff for his actions, but also to deter others from committing acts that lead to distrust between law enforcement and the public.”
On April 19, Smirnoff pleaded guilty to one count of violating 18 U.S.C. § 242 by assaulting J.M. while acting under color of law.
This case was investigated by the FBI’s Montgomery Division.
Charge:
18 U.S.C. 242 - DEPRIVE CIVIL RIGHTS
(1)
Outcome: 07/18/2019 65 ORAL ORDER granting 59 Motion for Reduction in Criminal Offense Level for Acceptance of Responsibility as to Michael Brandon Smirnoff (1). Entered by Honorable Judge Myron H. Thompson on 7/18/2019. (ag, ) (Entered: 07/18/2019)
07/18/2019 66 MOTION for Variance (Embedded in 61 Sentencing Memorandum) by Michael Brandon Smirnoff. (ag, ) (Entered: 07/18/2019)
07/18/2019 67 ORAL ORDER granting 66 Motion for Variance as to Michael Brandon Smirnoff (1). Entered by Honorable Judge Myron H. Thompson on 7/18/2019. (ag, ) (Entered: 07/18/2019)
07/18/2019 68 ORAL MOTION to Dismiss counts 2-3 of the indictmentby USA as to Michael Brandon Smirnoff. (ag, ) (Entered: 07/18/2019)
07/18/2019 69 ORAL ORDER granting 68 Motion to Dismiss counts 2-3 of the Indictment as to Michael Brandon Smirnoff (1). Entered by Honorable Judge Myron H. Thompson on 7/18/2019. (ag, ) (Entered: 07/18/2019)
07/18/2019 70 Minute Entry for proceedings held before Honorable Judge Myron H. Thompson:Sentencing held on 7/18/2019 as to Michael Brandon Smirnoff for Michael Brandon Smirnoff (1), Count(s) 2, 3, DISMISSED ON GOVERNMENT'S ORAL MOTION. (PDF available for court use only) (Court Reporter Patricia Starkie.) (ag, ) (Entered: 07/18/2019)
Plaintiff's Experts:
Defendant's Experts:
Comments: