After an initial denial, a Washington state police officer accused of using excessive force will be allowed to possess a firearm for work while awaiting his trial.
U.S. Magistrate Judge Brian Tsuchida on Tuesday refused to restore Officer Nicholas Hogan's right to carry a firearm because indicted defendants by law are barred from possessing them.
On Friday, the judge reversed course due to an exception in the law specifically for law enforcement officers.
Hogan was on paid administrative leave after being indicted on a charge that he pepper-sprayed a man who was under arrest and restrained in a hospital gurney on May 20, 2011.
The indictment, filed in May 2016, alleged that Hogan, then with the Tukwila Police Department, used pepper spray against the arrestee. The indictment identifies the arrestee by the initials M.S. It further alleges that M.S suffered bodily injury as a result of Hogan’s use of excessive force.
Hogan is said to have had a history of using excessive force while a police officer.
He was hired by the Snoqualmie Police Department in 2014, where authorities said he was suspended for 20 days this year for having an affair with another officer's wife.
New Snoqualmie Police Department Chief James Schaffer removed Hogan from paid leave recently and ordered him to report for duty. Schaffer couldn't be immediately reached for comment but said previously Hogan would not be returned to patrol or a desk job.
Hogan faces a maximum sentence of 10 years and a $250,000 fine if he is convicted.
The case is being investigated by the FBI's Seattle Division. Click here to read more.
Cox Media Group
