RICHMOND, Va. (WRIC) — The Richmond Police Department’s disciplinary review office recommended a one-day suspension for an officer facing charges after being accused of using a chemical irritant on three young women inside a car after protests in 2020, court filings show.
Mark Janowski is one of two Richmond police officers charged with misdemeanor assault and battery linked to an alleged “fogging” incident in May 2020. Janowski and the other officer, Christopher Brown, are set to appear in court later this month but have reached an agreement with the city’s prosecutor that they must follow to avoid being tried on the charges.
Janowski was found to have violated the department’s code of conduct for “unsatisfactory performance” and was recommended to serve a one-day suspension and take part in “mandatory remedial training,” according to a notice of suspension dated Feb. 15, 2022.
Court documents show that Janowski filed a grievance claiming the department had violated the timeframe laid out in the internal affairs operating manual that requires investigations to be completed within 60 working days unless extended by the police chief.
Documents filed in Richmond Circuit Court by Janowski and the city attorney’s office show the investigation into claims made against Janowski was submitted for executive-level review in August 2020 and returned to internal affairs in January 2022.
Richmond Police Chief Gerald Smith “substantiated” the findings, court filings show.
Janowski requested that the internal affairs investigation into his alleged actions be formally closed, removed from his personal files and be “stricken from the record permanently,” the documents show.
The effort from Janowski did not meet the definition of a grievance under state law and the city’s personnel rules and was denied, according to the filings.
The decision led Janowski to file an appeal with the circuit court in April. It’s unclear whether Janowski has served the recommended suspension or completed the training.
Janowski and Brown were indicted by a grand jury in October 2020, the only two officers charged after the panel considered 18 counts against eight Richmond officers following the civil unrest that summer in the wake of George Floyd’s murder in Minneapolis by a police officer.
Both Janowski and Brown were accused of using a type of pepper spray called O.C. fogger on three people, ages 17 to 19 at the time, who were inside a car stopped in traffic at an intersection in the early morning hours of May 31, 2020, after protests in the city.
In July, a spokesperson for the Richmond Police Department told 8News that Brown and Janowski were on administrative leave at the time but did not share when they were put on leave, citing a FOIA exemption.
They both remain employed by the department, a recent public records request shows, but details about Janowski’s disciplinary review process were withheld by the police department. Efforts to reach Janowski were unsuccessful and his attorneys did not respond to a request for comment.
