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Former Elk Grove Police officer found guilty of felony assault and battery

A former Elk Grove Police officer was found guilty of felony assault and battery for an incident that happened in June of 2019. Bryan Schmidt was found guilty and faces up to 4 years in prison.

The Elk Grove Police Department did not become aware of the incident until months later when the suspect that was assaulted filed a claim. After the incident was reviewed, the Sargeant that was on duty during the incident resigned.

The Elk Grove Police Department released a video of the incident in March of 2020.

The Sacramento County DA issued the following press release

On June 5, 2019, two suspects were stealing merchandise at the Burlington Coat Factory in Elk Grove.  Elk Grove police officers responded to the scene.  As the initial officers arrived, one of the suspects was exiting the store.  Officers drew their weapons, ordered the suspect to the ground and he complied.  In the meantime, one of the suspects exited the store and walked toward officers.  Officers ordered the suspect to the ground, and he ultimately complied.  Bryan Schmidt was one of the responding Elk Grove police officers and arrived once the suspect was on the ground.  Officers were telling the suspect to put his arms out like an airplane. The suspect did not comply but remained on the ground and did not move.  With his gun drawn, Schmidt approached the suspect and told him if he didn’t put his arms out like an airplane it was “going to be a bad day” for him.  Seconds later, Schmidt stomped on the suspect’s head, knocking him unconscious.  As a result, the suspect developed subdural hematomas (brain bleeds) that required brain surgeries.

“Law enforcement officers do an outstanding job every day to keep our community safe,” said DA Anne Marie Schubert. “Unfortunately, this was a rare instance in which an officer violated the public’s trust and needlessly used excessive force causing serious injuries to an individual. We want to thank the jurors for their commitment and dedication to seeing a just result.”

Schmidt faces a maximum sentence of 4 years in prison.  Sentencing is set for April 8, 2022, at 2:30 p.m. in Department 16 before the Honorable Delbert Oros.

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