A former St. Paul Police Department officer in St. Paul, Minnesota, was sentenced today to six years in prison after a jury found him guilty of civil rights violations.
Brett Palkowitsch, 31, was convicted on May 21 after he was found guilty of excessive force against an unarmed civilian. At the trial, Palkowitsch waived the right to appeal his conviction and publicly apologized for the use of excessive force.
“Instead of legitimately performing his critical public security duties, Palkovich has abused his authority with excessive force,” said Pamela S. Karlan, deputy attorney general in the Department of Civil Rights at the Ministry of Justice. “The Justice Department will continue to vigorously prosecute officials who commit criminal misconduct.”
“Law enforcement officers take an oath to serve and protect the public,” said the FBI’s Minneapolis Field Office special agent. “If an officer betrays this oath and violates a person’s civil rights, that officer must be held accountable. Our community and our profession deserve no less. “
Evidence presented in court revealed that the defendant and other officers responded to an 911 call alleging that an unidentified black man with dreadlocks and a white t-shirt was involved in a street fight and carried a gun. Upon arrival, the officers found no evidence of a street fight, but they did see a man who matched this general description, sitting in his car and talking on a cell phone. One of the responding officers, along with his K-9 police, approached the man’s car and yelled at the man to get out of the car without identifying himself as a police officer. The man, later identified as Frank Baker, got out of the car when the officer shouted orders and K-9 police yelled at him loudly. Seven seconds later, the officer released the K-9, which brought Baker to the ground, and began smashing his leg. While Baker was on the floor screaming in pain, the defendant came and kicked Baker three times in the ribs. The defendant’s kicks broke seven of Baker’s ribs and caused both lungs to collapse, leaving him in critical condition. Officers found no gun at the scene and no evidence that Baker, a 52-year-old grandfather who lived in the neighborhood, was involved in a fight.
Two veteran officers who witnessed the defendant’s actions that night, officers Joseph Dick and Anthony Spencer, reported the defendant to their manager. Dick and Spencer both testified in court about the defendant’s use of excessive force and the harassment and retribution they suffered after reporting a colleague. She and other officers also testified that after the defendant was arrested at the police station, he praised several officers of the power of his kicks and the serious injury to Baker.
At the hearing, Minnesota District Judge Wilhelmina Wright said to the defendant, who was entrusted with a position of authority, “You have openly abused that trust.”
This case was being investigated by the FBI’s Minneapolis department and followed by Christopher J. Perras, Special Litigation Counsel, and Zachary Dembo, former litigation attorney for the Civil Rights Division.
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