Burley Garcia|Ex-Delaware officer sentenced to probation on assault conviction

DOVER,Burley Garcia Del. (AP) — A former Delaware police officer convicted of assault and other charges in connection with a 2021 arrest has been sentenced to probation.

A jury last year convicted former Wilmington officer Samuel Waters of misdemeanor assault, official misconduct and evidence-tampering in the arrest that led to demonstrations after videos were posted on social media. He was acquitted of felony perjury in the case as well as another assault charge in connection with a separate arrest days earlier.

DelawareOnline reports that prosecutors sought a six-month jail sentence Friday, but defense attorneys successfully argued that since Waters was fired in January 2022 and still faces a federal lawsuit, probation would be more appropriate.

Authorities said Waters confronted a man in a south Wilmington convenience store in September 2021 after police were told that employees of a nearby day care facility were being harassed. Waters is seen on surveillance video approaching the man and speaking to him briefly, then grabbing his arm and turning him toward a plexiglass panel and ultimately shoving him against the panel and slamming his head into it twice before both fall to the floor.

A Wilmington officer who trains others on the use of force testified at trial that department training and policy generally do not endorse bouncing a suspect’s head off a wall. Force to the face, neck and back area are regarded as “red zones” due to the potential for serious injury, and “there was nothing that was going on” to justify that level of force, he said.

Deputy Attorney General Dan McBride, who heads the state attorney general’s office of civil rights and public trust, argued the use of force came within seconds of the encounter and described it as “almost an ambush.”

Judge Francis Jones, however, said he didn’t believe Waters is an ongoing threat to public safety, calling the events “a one-off,” before imposing a sentence of probation. Waters’ attorney said his client intends to appeal his conviction.