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Michael Bongiovanni and former Master Officer Robert McDonald, pointing a gun at driver Demetrius Hollins, a copy of the bill states. The indictment, which was obtained by the Daily Post, also includes violation of oath of office charges, a “false official certificate of writing” charge against Bongiovanni for allegedly lying about the incident and several battery charges against both men. The two were fired last April after video was taken of them assaulting Hollins, which later went viral. “I’m literally sick about it,” Gwinnett County Police Chief Butch Ayers said at the time. “Literally sick. These aren’t the standards that we have and this is not the culture that we promote within this department.” The video first surfaced on April 12, several hours after the assault occurred near the Lawrenceville-area intersection of Sugarloaf Parkway and Lawrenceville-Suwanee Road. In it, McDonald is seen kicking Hollins while he is handcuffed on the ground. Ayers said previously there was no defense for that violence. “The fact of the matter is, the suspect was in handcuffs, the suspect was on the ground, the suspect was not resisting,” he said. “At that point, that’s it. There should have been no other application of force.” Bongiovanni’s attorney, Mike Puglise, told the Daily Post that he felt the felony charge of aggravated assault was “a little overreach(ing.)” “Although I respect the District Attorney, the indictment concerns me,” Puglise said. “Basically, (the indictment) is asking (officers) to second guess every situation they put themselves in and it’s kind of tying their hands behind their backs. It’s setting a really high bar for these officers who risk their lives to protect the citizens of Gwinnett County and basically telling our officers that they cannot even remove their gun from their holster even when their instincts tell them to.” Puglise, a former police officer, added that the repercussions from the indictment — and any convictions it may result in — could have potentially deadly consequences.
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