After being restrained, removed from scene by other officers, Lexington cop suspended
A Lexington police officer who became so belligerent and enraged during a May arrest that he had to be restrained by fellow officers has received a 40-hour suspension, according to documents released Thursday.
The Lexington-Fayette Urban County Council approved the suspension of officer Joseph Lusardi at its Aug. 27 meeting.
According to documents the Lexington Herald-Leader obtained through an Open Records request, Lusardi was charged with misconduct.
“Officer Lusardi failed to maintain control of his emotions and became belligerent with an arrested subject. Officer Lusardi’s actions led to other on-scene officers having to restrain Officer Lusardi and escort him from the scene,” documents related to his suspension said.
Commander Roger Holland told the council during the meeting that Lusardi was with his family when he thought the subject had pointed a weapon at the family. The weapon turned out to be a BB gun, Holland said.
No other information was released about the May 17 incident. The city only releases documents related to police disciplinary actions through Open Records requests and only after the council approves an officer’s punishment. A state law prohibits the release of any information about internal investigations of police officers until after the disciplinary action is approved.
Councilman James Brown asked Holland if the incident involved use of force by Lusardi. Holland said he was not aware that there was any force used.
According to the documents, the formal complaint was filed by other officers. Lusardi has been an officer for five years, Holland said. It was the first formal complaint against Lusardi, and he accepted the 40-hour suspension, the document show.
Councilman Mark Swanson abstained from voting on Lusardi’s suspension. Swanson said the council was given so little information about the incident that he did not think it was appropriate to vote. The council approves all disciplinary actions but has been told it cannot ask too many questions in case the officer challenges the disciplinary action. The council acts as the jury in appeals of disciplinary actions.
A subcommittee of Mayor Linda Gorton’s Commission on Racial Justice and Equality is looking at the issue of more public input and oversight in police disciplinary actions. Gorton appointed the volunteer commission this summer after protesters took to Lexington streets to highlight racial injustices and to call for greater police accountability in the wake of the police-involved killings of George Floyd in Minneapolis and Breonna Taylor in Louisville. The commission should release its recommendations in late September or early October.
This story was originally published September 4, 2020 at 10:36 AM.
