Police Chief Col. Hugh T. Clements Jr. recommended Gencarella resign or be fired, saying in a letter to the captain Aug. 3 that the assault violated use-of-force policies. , violated the civil rights of the handcuffed man, as well as criminal law. .
Gencarella instead requested a hearing under the Rhode Island Law Enforcement Bill of Rights, which governs how police officers are disciplined.
Providence attorney Vincent Ragosta Jr., who represents the city of Providence, confirmed Tuesday that Gencarella’s attorney, Michael J. Colucci of Warwick, has requested a hearing. Colucci declined to comment.
A panel of three law enforcement officers will review the administrative charges against Gencarella — courtesy, sincerity, obedience to laws and rules, standard of conduct, rules governing conduct and behavior — and decide on his sentence.
The captain, who has won awards for his years of service, was placed on leave after the July 3 incident at India Point Park.
A 51-second cellphone video showed him trying to help another supervisor, Lt. Matthew Jennette, arrest a man who became combative when police tried to tow his vehicle to block traffic.
Gencarella and Jennette managed to handcuff 21-year-old Armando Rivas, who seemed to stop resisting after being handcuffed and left face down on the sidewalk. Next, Gencarella could be seen grabbing Rivas by the hair and smashing his face in the road.
Gencarella wrote in his after-action report that he used a ‘palm heel strike’ to the back of Rivas’ head, which the chief noted was not what actually happened. .
No medical treatment has been reported, but a photo of Rivas shows what appears to be a bruise under one eye. He pleaded no contest on July 5 to obstructing police, resisting arrest, and two counts of simple assault on officers; he was placed on probation for a year.
Amanda Milkovits can be contacted at amanda.milkovits@globe.com. Follow her on Twitter @AmandaMilkovits.
