South Bend Police are responding to accusations of brutality after a struggle with a man, back in November, while investigating a report of shots fired in the 500 block of Johnson Street. The following statement was issued by the department:
𝗨𝗣𝗗𝗔𝗧𝗘 𝗧𝗢 𝗜𝗡𝗧𝗘𝗥𝗡𝗔𝗟 𝗜𝗡𝗩𝗘𝗦𝗧𝗜𝗚𝗔𝗧𝗜𝗢𝗡 𝗦𝗨𝗥𝗥𝗢𝗨𝗡𝗗𝗜𝗡𝗚 𝗔𝗥𝗥𝗘𝗦𝗧 𝗢𝗙 𝗠𝗔𝗥𝗖𝗜𝗜𝗢 𝗣𝗘𝗥𝗥𝗬
On Monday, November 7, 2022, South Bend Chief of Police Scott Ruszkowski launched an internal investigation surrounding the November 5 arrest of 34-year-old Marciio Perry in the 500 block of N. Johnson Street.
The investigation was prompted by a complaint from Perry regarding a physical struggle that preceded his arrest.
This statement will serve to outline the call, arrest, complaint, and progress of the South Bend Police Department’s internal investigation.
Please note this involves a criminal case that is still pending with the St. Joseph County Prosecutor’s Office.
On Saturday, November 5 at 2:51 a.m., South Bend Police Officers Steven Spadafora and Gabriel Thom were on patrol when they heard gunfire coming from the 500 block of Johnson Street.
As the officers proceeded in the direction of the gunfire, they were advised that ShotSpotter detected nine rounds directly in front of 5xx N. Johnson Street [FULL ADDRESS WITHHELD]. Additionally, PSAP advised that a citizen had called 9-1-1 after reportedly hearing gunshots as well.
Once Officers Spadafora and Thom arrived on-scene, they began checking the area for any possible victims or damaged property.
As they were investigating on N. Johnson Street, a male exited a residence at the address where ShotSpotter detected the gunshots. The male then began walking toward a parked vehicle.
As the officers approached the male, later identified as 34-year-old Marciio Perry, he opened the car door and eventually emerged from the vehicle. At that time, Officer Spadafora observed what appeared to be the imprint of a handgun in Perry’s sweatshirt pocket.
Officer Spadafora asked Perry if he had any weapons in his possession, and Perry stated that he had a handgun on him.
As part of the continued investigation into the shots fired at that location, Spadafora began to pat down Perry and placed his hands behind his head.
At this time, Officer Spadafora stated that Perry tensed up and began to pull his hands down. As a result, Officers Spadafora and Thom braced Perry against the car.
As Officers Spadafora and Thom began to lose control of Perry, Officers Jackson and Dugger arrived to assist.
A physical struggle ensued, and Perry was eventually taken into custody. Officers recovered a loaded handgun and suspected narcotics from Perry’s possession.
Officer Thom suffered an abrasion to his arm, but did not require further medical treatment.
After Perry was evaluated at Memorial Hospital for any possible injuries from the struggle, he was booked into the St. Joseph County Jail for Felony Resisting Law Enforcement and Possession of Marijuana.
On November 7, 2022, Perry was formally charged for the above counts by the St. Joseph County Prosecutor’s Office.
The criminal case against Perry remains pending.
𝗞𝗡𝗢𝗪𝗡 𝗖𝗢𝗡𝗧𝗘𝗫𝗧 𝗧𝗢 𝗢𝗙𝗙𝗜𝗖𝗘𝗥𝗦
This specific area of North Johnson Street has a history of gunfire and gunfire-related incidents.
From January 1, 2022, to November 29, 2022, South Bend Police has responded to the following reported firearm-related incidents in this area:
• 23 ShotSpotter/shots fired calls
• 2 Armed Robberies with a firearm
• 7 Aggravated Assaults with a firearm
• 1 Homicide
• 2 non-fatal shooting incidents (5 total victims)
Two days after his arrest on November 5, 2022, Marciio Perry filed a complaint against the officers who took him into custody, claiming excessive use of force.
An internal investigation was immediately launched, which consists of a review from the following groups in the police department:
• Use of Force Committee
• Defensive Tactics Instructors/Training Division
• Internal Affairs
• Command Staff
After a review of the facts, evidence and statements, Chief of Police Scott Ruszkowski has not identified any Use of Force violations in relation to this case. The groups listed above continue to examine this case to ensure the incident was handled in accordance with other department policies and training.
If you fight with or run from the police you deserve everything you get. Dont run or fight and you dont get beet or shot. It’s just that simple.
In our search for justice the ending always remains the same JUST-US!
So sorry Marciiiiiio, but once you decide to take the engagement physical you have to deal with those consequences. If you physically resist, you WILL be physically dealt with, and rightly so.
The fact that this is even up for debate is a testament to the stupidity of modern society.
This is why most people in Michiana don’t want to live in the city limits. I can remember living in a time where we didn’t have shot spotters, detecting audible gunfire. Too many people in one area who don’t follow rules and disregard human life.
Well if the SBPD would handle the problems in the streets the way they man handle the innocent people we wouldn’t have these problems at all!!