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Commission orders 9‑month suspension, retraining for Brentwood officer after excessive‑force finding

2067735 · January 6, 2025
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Summary

For POST case 2300017 involving Paul Matichik of the Brentwood Police Department, the commission voted against decertification and instead approved a 9‑month suspension, requirement to complete basic POST recertification training, and no credit for time served.

The Commission on Peace Officer Standards and Training reviewed POST case 2300017 on Nov. 17, 2024, concerning Officer Paul Matichik (formerly Brentwood Police Department) and an April 23, 2022 incident in which Matichik used force against a homeless person.

Kevin Sherburne presented the division's findings, which concluded by a clear and convincing standard that Matichik's kick to a restrained, seated person was an unreasonable or excessive use of force. Sherburne summarized the video record: officers found the person inside a garden shed, handcuffed her and seated her cross‑legged with her back to the shed door for several minutes; when the person began to rise after about eight minutes, Matichik took three steps and kicked her, which caused her to fall backward into the shed door. The division said the other two officers on scene did not perceive a safety or flight risk and expressed surprise at the kick.

Matichik's counsel and Matichik himself argued mitigating context: Matichik had prior contacts with the person, believed she had a history of violence and spitting at officers, and said his intent was to prevent her from fighting or spitting. Counsel also said training and recent de‑escalation exercises influenced the officer's response and described his otherwise unblemished record.

Commission debate produced a failed motion to decertify. A subsequent motion — proposed by Commissioner Theriault and seconded — for a 9‑month suspension, completion of basic POST recertification training, and no time‑served credit passed unanimously. The resolution will be reflected in the administrative record and includes training and suspension terms to be implemented by POST.