OPD wraps up use of force investigation, officer disciplined

(Omaha, NE) -- The Omaha Police Department wraps up an internal use of force investigation.

OPD says around 5:00 the evening of May 1st, officers were called to 30th and Ellison for a disturbance. The officers spoke with the 911 caller who said that a female, identified as Jennifer Carter, had damaged his apartment door. Police say as a result, Ms. Carter received a citation for Criminal Mischief and was directed not to return to the property. Omaha Police received a 911 call to return to the location just before 6:00 that evening. The 911 caller told the officers that Ms. Carter had returned and was, once again, attempting to destroy his property. The 911 caller also told the officers of the earlier incident and that Ms. Carter had been instructed not to return to the property.

Investigators say the officers saw Ms. Carter walking toward the property, but she turned to walk in the opposite direction when she saw them. The officers contacted Ms. Carter and attempted to place her in police custody. Police say Ms. Carter resisted the officer's attempts to place her into custody, and a use of force occurred.

OPD says Chief Schmaderer authorized an internal investigation, which has been completed. Officer Dave Stewart, a sixteen-year veteran, was identified as the officer stepping on Ms. Carter's leg. The Internal Affairs Unit has determined that his actions were not in accordance with the Omaha Police Policy and Procedures Manual. As outlined in the Omaha Police Collective Bargaining Agreement, the Chief of Police can issue disciplinary action ranging from a Job Performance Interview to a twenty day suspension without pay, and termination. Chief Schmaderer has issued Officer Stewart discipline, to include remedial training.

The police department says per the Omaha Police Collective Bargaining Agreement, the exact details of Officer Stewart's discipline cannot be discussed, due to personnel rights. Officer Stewart is afforded due process through an appeal to either an arbitrator or the personnel board.

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