Warren deputy police commissioner won't face charges after excessive force investigation

Prosecutor's Office denies request for aggravated assault charge

Matthew Nichols
Matthew Nichols

WARREN, Mich. – Deputy Commissioner Matthew Nichols, of the Warren Police Department, will not face criminal charges in connection to an investigation around accusations of excessive force.

In September, Macomb County Sheriff Tony Wickersham, at the request of Warren Police Commissioner Bill Dwyer, said his office was looking into the investigation for possible criminal charges.

On Tuesday, Wickersham's office said their investigation was completed and a warrant request for aggravated assault was submitted to the Macomb County Prosecutor’s Office. The Prosecutor’s Office denied charges, the Sheriff's Office said. 

Nichols was placed on administrative leave back in July.

Case background

There were a lot of allegations in this case. An alleged shoplifter was arrested and police had him in custody, where he allegedly became unruly, and that's when the deputy commissioner got involved.

Nichols helped swear in and promote police officers at a ceremony Friday at Warren City Hall. At the same time, he faced investigation for alleged improper use of force on the job the week prior. After the ceremony, Nichols questions from internal affairs for allegedly striking a man already in police custody in the throat with an open hand. 

Warren Police Commissioner Bill Dwyer put Nichols on administrative leave with pay on July 26.

"Use of force is important as far as when you have to use and justify it," Dwyer said." We don't tolerate and I don't tolerate the use of force when it's not necessary. If a use of force is used when it's not necessary, then it's going to be disciplinary action will be taken."

There are six civil lawsuits filed against him as a Warren police officer, dating back to 2004. Some claim police brutality, allegedly hitting people while handcuffed, and others claim the allegedly abusive officer arrested them under false pretenses.

"If the allegations are true, if there is foundation, then I'm disappointed and we'll take the appropriate action," Dwyer said.

Dwyer said the shoplifter who was struck was taken to the hospital with non-life-threatening injuries. 

Police cruiser dashcam footage was being reviewed and three other officers were questioned about what happened. 

Nichols' version of events differed from those of other officers questioned.

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