Ogemaw Co. Sheriff's deputy to stand trial for using excessive force, AG says

Oct. 5—An Ogemaw County Sheriff's deputy accused of assaulting a man with autism is headed to trial, Michigan Attorney General Dana Nessel announced Tuesday.

A preliminary examination for Matthew Viviano, 48, was held at 82nd District Court in West Branch. He was bound over on charges of misconduct in office, a five-year felony, and assault and battery, state officials said.

In September 2021, Viviano and a second deputy responded to an emergency call at Premier Care Assisted Living in Alger that a 27-year-old resident with autism was assaulting a caretaker, authorities reported. Three Michigan State Police troopers also responded.

Investigators have described the resident as nonverbal and in emotional distress.

"The evidence presented at the preliminary examination showed that while the responding officers were calming the situation, Deputy Viviano forcefully pushed the resident down to the couch twice and then utilized unnecessary defensive techniques against the resident," Nessel's officials said Tuesday. "The Michigan State troopers who were on scene testified at the preliminary exam that this display of force was unwarranted and unreasonable."

A pretrial hearing for Viviano is scheduled for 2 p.m.Nov. 8 in Ogemaw County.

"Officers who violate the law erode the public's trust in law enforcement," Nessel said. "I commend the Michigan State Police troopers for reporting this incident and working with my department to hold accountable an officer who violated the law."

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