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SOUTH BEND, Ind. — REAL News Michiana has learned a Lieutenant with the St. Joseph County Police Department is being criminally charged for breaking a citizen’s phone who was attempting to record an interaction with him. According to charging documents, Lt. David Fazio slapped the phone out of a man’s hand outside of the St. Joseph County Courthouse in Downtown South Bend on July 1st. The St. Joseph County Prosecutor’s Office filed criminal charges this past Tuesday.
According to court documents, the victim in this case had been removed from the courthouse earlier and was looking to file a complaint against the deputies involved, claiming he was mistreated and spit on by courthouse deputies. While outside of the courthouse, Lt. Fazio, who is in charge of SJCPD’s courthouse security detail, approached the victim to describe the process of filing a formal complaint. At this point, the victim asked Lt. Fazio for his name and pulled out his cell phone to either take a picture or record his response.
According to the probable cause affidavit, “Lt. Fazio brushed Mr. Bartley’s hand down and said, ‘No. I’ll tell you what my name is.’ Mr. Bartley stepped back and again raised his iPhone to take a photograph of Lt. Fazio. Lt. Fazio then stepped forward, knocked the iPhone from Mr. Bartley’s hand and knocked it to the ground. Lt. Fazio then walked away.
Mr. Bartley’s iPhone was broken when it hit the sidewalk.'”
Charging documents show the incident was witnessed by officers with the South Bend Police Department as well. It can be read in its entirety below.
Fazio is facing a misdemeanor charge of Criminal Mischief.
UPDATE: A spokesperson for the SJCPD sent REAL News Michiana the following statement via email:
“Lt. Fazio was placed on administrative leave from duty on July 30th due to the pending misdemeanor criminal mischief charge. A department internal investigation and review of the July 1st interactions and conduct with regard to the parameters of conduct required by department rules and procedures is also ongoing.”
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