City pledges 'prompt and proper resolution' over fate of convicted Erie police officer's job

Two weeks after an Erie police corporal was convicted of physically assaulting his wife, the administration of Mayor Joe Schember said it is close to completing an internal review regarding the corporal's future with the force.

"The city is aware of the verdict and is reviewing the matter internally," City Solicitor Ed Betza told the Erie Times-News. "The city intends to meet with the officer and will work to bring this matter to a prompt and proper resolution."

Verdict: Erie police corporal convicted of assaulting wife, faces loss of job; wife at odds with DA

The corporal, Justin W. Griffith, convicted Nov. 12 and to be sentenced in January, faces loss of his job under federal law.

As the Erie police have confirmed, the law prohibits possession of a firearm for anyone convicted in any court of a "misdemeanor crime of domestic violence," as was Griffith. The federal law, known as the Lautenberg Amendment, after the late Sen. Frank Lautenberg, of New Jersey, was adopted in 1996.

Such a conviction for domestic violence also disqualifies a police officer for certification in Pennsylvania, according to the Pennsylvania Municipal Officers' Education and Training Commission.

Justin Griffith, an Erie police corporal, was convicted on Nov. 12 of a misdemeanor charge of domestic violence for striking his wife in the face at their Millcreek Township residence in Feb. 13. Griffith is seen here leaving his preliminary hearing on at the Erie County Courthouse on March 16.
Justin Griffith, an Erie police corporal, was convicted on Nov. 12 of a misdemeanor charge of domestic violence for striking his wife in the face at their Millcreek Township residence in Feb. 13. Griffith is seen here leaving his preliminary hearing on at the Erie County Courthouse on March 16.

Griffith, 40, on the force since 2008, has been suspended since his arrest in February, with the suspension becoming unpaid after his preliminary hearing in March. With Griffith barred from working as an Erie police officer, the city has not had to take immediate action on his future.

Preliminary hearing: Erie police corporal held for trial in domestic abuse case despite wife's no-show in court

Griffith was found guilty of repeatedly striking his wife in the face and biting her in the face at their residence in Millcreek Township around 1:25 a.m. on Feb. 13, while Griffith was off duty.

Shortly after Griffith was convicted, Erie Police Chief Dan Spizarny reviewed the police's internal review of the case, said Schember's chief of staff, Renee Lamis. A deputy police chief, Mike Nolan, attended Griffith's trial and confirmed to the Erie Times-News that the federal law would bar Griffith from the force if he were convicted of domestic violence.

Lamis, like Betza, said the administration is reviewing the case, including how to proceed under the labor contract with the Erie police.

"The Erie Police Department will work with the City to ensure that we take the appropriate action and that the action is in compliance with applicable law and the collective bargaining agreement," Lamis said in an email. "We need to follow the appropriate process and will share information in a timely manner as soon as it becomes available."

Griffith was convicted of a third-degree misdemeanor related to domestic violence — simple assault by mutual affray, for the fight with his wife. He was found guilty after a two-day trial in the courtroom of Erie County Judge Daniel Brabender. The defense argued self-defense but presented no witnesses and did not have Griffith take the stand.

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Griffith's wife, Dawn Griffith, testified for the District Attorney's Office under subpoena and said she did not want her husband to be charged. She testified that her husband struck her because she struck him.

"I didn't want him arrested," Dawn Griffith, 45, testified. "I was just as much in the wrong as he was."

A jury of eight women and four men convicted Griffith after deliberating for about two hours. Brabender convicted Griffith of a summary count of harassment.

As a third-degree misdemeanor, the simple assault charge carries a maximum sentence of a year in prison. Brabender set sentencing for Jan. 24 and allowed Griffith to remain free on an unsecured bond of $10,000.

Griffith's lawyer, John Carlson, said he has not yet determined whether he will appeal the conviction. He said he is "assessing appealable issues."

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The domestic incident marks the second time in five years that Griffith has been charged with a crime. He was acquitted in 2017 on a misdemeanor simple assault charge that, as an Erie police patrolman, he kicked a handcuffed and prone suspect during an October 2016 arrest at an apartment in Erie. Griffith was reinstated to the police force following his acquittal.

Contact Ed Palattella at epalattella@timesnews.com. Follow him on Twitter @ETNpalattella.

This article originally appeared on Erie Times-News: Erie police officer convicted: City pledges 'proper resolution' of job