Trial begins for Providence police officer accused of assault during arrest

PROVIDENCE, R.I. (WLNE) – The assault trial for a Providence police officer accused of using excessive force during an arrest last April began Wednesday in Providence District Court.

Sgt. Joseph Hanley, a 17-year veteran of the department, was seen physically abusing a handcuffed man during an altercation on April 19, 2020, in a video that went viral.

Hanley is accused of punching, kicking, and kneeling on the neck of Rashod Gore, a man he was arresting for disorderly conduct. Hanley is also accused of walking on the man’s legs as he was handcuffed.

In court on Wednesday, prosecutors said Hanley used unnecessary force. The defense told those present that everything was a “compliance strike” and tactics used to get Gore to comply.

“You will learn all these compliance strikes are not meant to injure. Mr. Gore was not injured,” defense attorney Michael Colucci said. “They are meant to cause a little discomfort just like pepper spray causes discomfort.”

The incident unfolded after police officers responded to a domestic disturbance at an apartment on Knight Street. Once the suspect was apprehended, Colucci said Gore began taunting officers.

“Things that could be considered readily threatening in nature,” Colucci explained. “‘You’ll get yours, watch what happens to you.'”

But prosecutors said in court that Gore was in a black BMW at the time of the arrest, and also argued that Hanley never stated to Gore exactly why he was under arrest.

“The defendant, from the moment he arrives at the passenger side door, opens the car door immediately and goes hands-on. At no point did he say you’re under arrest for disorderly conduct,” said Special Assistant Attorney General Michael McCabe. “When Rashod Gore again asks, ‘what did I do?’, the defendant walks back up, and with his left foot kicks Mr. Gore in the head so loud you can hear it.”

Hanley was charged with simple assault for allegedly hitting the 28-year-old from East Providence during the encounter.

Gore was charged with disorderly conduct and resisting arrest, but the charges were later dropped.

On Wednesday, the first witness to take the stand was Michaela Perry Gagne, a woman who lived in an apartment above where the altercation took place. She told the court that she saw the incident, took out her cell phone, and recorded it.  That video, now being used as evidence, was played in court.

In the video, Gore is heard yelling, “What did I do?” and “Are you kidding me?”

Gagne said she saw Hanley step on Gore’s legs and kick him in the head. She said she submitted the footage to the police department two days later, after feeling guilty about what she had witnessed.

“(Hanley) got up and he was belittling him, kicking him and that’s when he kicked him and walked on him,” said Gagne. “I felt not safe. These people are supposed to protect us and I just couldn’t believe what I saw.”

That video was then seen by Sgt. Paul Zienowicz of the Providence Police Department. Zienowicz investigates claims of excessive force at the department.

“Once you receive the video,” prosecutors asked Zienowicz. “What was your reaction at that point?”

“Well, I was astonished,” he replied.

Zienowicz said Hanley didn’t use the proper commands or try to deescalate the situation, he also didn’t tell Gore why he was placing him under arrest.

“Per the policy, you’re supposed to inform them that are under arrest, and in addition to that you should use commands and give them an opportunity to submit to that arrest.”

The video of the incident was made public in November by former executive director of the Providence External Review Authority (PERA), Jose Batista. 

After releasing the footage himself, PERA fired Batista.

The bench trial is expected to last a few more days. Rashod Gore was a no-show in court, but Judge Brian Goldman issued a body attachment to bring him before the court.