The Phoenix cop who was fired in this December for a brutal act of bullying on the job, has been given his job back.
Officer McGowan is a 17-year-veteran of the force, and was caught on security camera last December assaulting 18-year-old Patrick D’Labik inside a smoke shop after rushing in with his gun drawn.
The teen put something down on the counter and immediately put his hands in the air.
He is then seen complying with the officer and getting down on the ground, when the officer stomps on his back- driving his face into the ground.
The teenager’s face was slammed into the ground with such force that three of his teeth were knocked out.
“I just tasted the blood,” D’Labik told ABC 15, remembering the moment Detective Kevin McGowan stomped D’Labik’s back, sending his face into a convenience store floor. “As soon as I spit, I realized my teeth was out,” D’Labik said.
The footage was released to the public in April following McGowan’s termination.
Maricopa County Attorney’s Office declined to prosecute the officer, however, citing “no reasonable likelihood of conviction.”
At least they were honest about the fact that they, as prosecutors, will not do their job as they are supposed to when a cop is involved.
It’s pretty hard to imagine that an ordinary citizen caught on camera knocking out teeth would benefit from the same level of prosecutorial discretion.
“There is no evidence of a pattern of improper behavior,” the hearing officer wrote of the officer. She also pointed to his “extensive amount of commendations and awards” while he was on the job.
The hearing board’s officer also stated that McGowan accepted responsibility for his actions and “has sought counseling and continues to do so to ensure he can better deal with stress so that this type of incident would not recur,” according to local station KPHO.
The officer himself has not issued any comment to the press, however, his attorney Steven J. Serbalik issued a lengthy statement on his behalf. It read as follows:
“On April 7, 2015, Officer McGowan was terminated. On August 13, 2015 the Phoenix Civil Service Board voted to reinstate Officer Kevin McGowan to his former position as a Police Officer for the City of Phoenix. Officer McGowan is a decorated 17-year veteran of the Department. He earned dozens of commendations and had no significant prior discipline. As we stated before, the video obtained by the media does not show the complete series of events related to this detention/arrest. The entirety of this incident, including the video, was reviewed by an independent expert and by a panel of attorneys at the Maricopa County Attorney’s Office. These reviews resulted in a determination that no crime was committed by Officer McGowan. Officer McGowan filed an appeal of his termination. A hearing was held before a neutral hearing officer on June 22, 2015. Officer McGowan respects the Civil Service Process, and is thankful that he had the opportunity for a hearing officer and a panel of citizens to review all of the facts related to his employment, not just a video showing an excerpt of a single incident. The hearing officer, after reviewing not only the video, but also hundreds of pages of additional information and hours of witness and supervisory testimony, recommended that Officer McGowan be reinstated. The Phoenix Civil Service Board, consisting of appointed civilian members, adopted the report and recommendation, and ordered Officer McGowan’s reinstatement. Officer McGowan received a 240-hour unpaid suspension, and was not awarded back pay. Officer McGowan will not be giving any interviews related to this incident, and this will be the only statement he will give related to this matter.”
McGowan’s victim has spoken out though, and told local station KPHO that he finds his reinstatement “really aggravating.”
“I mean, I ain’t getting my teeth back. … Why should he get his job back?” D’Labik asked.
“For what? Why should you be able to do something like that and get your job back?”
Sadly, D’Labik is learning the hard way that the only reason why, is because the Blue Mafia is above the system, and he’s not a made man.
Is this the lesson we want to teach teenagers about justice?