Arrested Cop OK’d For Diversionary Program

A fired former cop who was arrested for kicking and punching a handcuffed man will see his criminal charges dropped if he successfully completes six months of probation.

That was the outcome of former city police officer Jason Santiago’s appearance on Wednesday morning in Courtroom B of the New Haven County Courthouse at 121 Elm St. 

State Superior Court Judge Patrick Clifford granted Santiago’s application for Accelerated Rehabilitation, a diversionary program by which first-time offenders can serve a certain amount of time on probation and then have the criminal charges against them dismissed. In Santiago’s case, if he complies with the program for six months, his charges will be dropped.

The hearing marked the latest in a criminal case that dates back to August 2020, when Santiago was arrested on one count of third-degree assault and one count of second-degree breach of peace for an on-the-job interaction he had with a civilian named Luis Rivera on Dec. 25, 2019.

That day in 2019, Santiago was among the group of police officers who arrested Rivera for allegedly disrupting police conduct while he was intoxicated. Santiago kicked Rivera while he was handcuffed and lying on the ground. When Rivera spat on Santiago, the then-officer lifted the man’s head by his braids and punched him in the face. He later told Internal Affairs investigators that the punch was meant to deter Rivera from spitting on other officers. Click here to watch a body cam video recording of the incident.

Rivera was arrested at the time for assault on a public safety officer, interfering with police, and breach of peace. Months later, the Internal Affairs investigation and body camera footage of the incident surfaced during the summer of 2020, as the police killing of George Floyd ignited protests against police brutality across the country. Facing public pressure from critics looking to fire Santiago and allies looking to preserve his job, police leadership fired Santiago for his conduct — a decision that Santiago’s union representation appealed and lost — and the state’s attorney’s office charged him with the two misdemeanors.

“When he kicked a man that was down on the ground, the trust that people have in us as a department to do the right thing goes out the window,” then-Police Chief Otoniel Reyes said during the police commission hearing that led to Santiago’s firing. ​“When he dehumanized [Rivera] by lifting him by his hair, the values and standards and moral compass of this department go out the window. … This is bigger than him. This is bigger than me. This is about us saying to our community that we will not condone those actions.”

Santiago’s lawyer, Zachary Reiland of the Pattis & Smith local law firm, stressed that ​“this is in no way an admission of guilt.” While Santiago still contests the state’s charges, Reiland said, the former officer elected to apply for Accelerated Rehabilitation because ​“in this political climate, we want to avoid any pitfalls of going to trial.”

Deputy Chief State’s Attorney Kevin Lawlor did not object to the application. Lawlor said his office spoke with the victim, Luis Rivera, prior to Wednesday’s hearing. ​“Mr. Rivera indicated he believed very strongly that what was done to him was wrong,” Lawlor said, but Rivera is ​“not objecting to an Accelerated Rehabilitation order.” Rivera did request that a judge issue a no-contact order preventing Santiago from interacting with him.

Reiland said that Santiago’s Accelerated Rehabilitation application included signatures from Fair Haven residents supporting Santiago and narratives of incidents in which Santiago saved lives and de-escalated encounters with civilians as a police officer. 

Judge Clifford approved the Accelerated Rehabilitation. ​“He’s certainly eligible,” he said of Santiago. Although Rivera remains upset about the incident, Clifford said, ​“the victim … is not objecting to him receiving this program.” Clifford noted that three years have passed since the encounter, and Santiago ​“obviously doesn’t have his job.”

Clifford ordered six months of probation, to end on Sep. 13, 2023, before Santiago can have his charges dismissed. He also ordered that Santiago have no contact with Rivera. ​“I think that’s all that’s needed,” Clifford said.