Asheville officer fired after punching man sues DA, police chief over his record
ASHEVILLE - An officer fired after punching an intoxicated man is suing the district attorney and police chief, saying he should not have been let go and his professional record should have been cleared after a misdemeanor criminal assault charge against him was dismissed.
In a lawsuit filed Jan. 10 in Buncombe County Superior Court, ex-Asheville Police Department Officer Anthony Sorangelo said District Attorney Todd Williams was not justified in barring him from testifying as an officer in misdemeanor cases.
Sorangelo also said after his charge was dismissed in 2021, APD Chief David Zack should have included in his personnel file a letter from Williams saying the district attorney no longer possessed material showing the officer should be barred from testifying.
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That would have mitigated an Aug. 10, 2020, letter in the file from Williams to Zack announcing Sorangelo would not be used in some cases. That hurt his career, Sorangelo said, hampering his ability to get jobs with other local law enforcement agencies and the FBI.
"The state-imposed badge of infamy created by DA Williams damaged Mr. Sorangelo's reputation and ability to earn a living, causing his termination from APD, and deprived him of future employment opportunities at the same level as those that he enjoyed at the APD," Sorangelo's attorneys Jeffrey Warren and Michelle Liguori of Raleigh said in the complaint.
By law, prosecutors are required to turn over any evidence to defense attorneys that would "impeach" the character of witnesses against them. Williams in the Aug. 10 letter said having to do that with Sorangelo would allow defense attorneys to attack his testimony and "is simply too ponderous a burden with limited benefits in misdemeanor prosecutions."
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The attorneys blamed the city and Zack for not putting the "vindication letter" in Sorangelo's file, saying it perpetuated "a state-imposed stigma."
Sorangelo is seeking damages in excess of $75,000.
Williams on Jan. 14 noted the office of Attorney General Josh Stein was representing him and would respond. He declined further comment.
Zack did not respond to a phone call and email.
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Sorangelo is also suing the city, but City Attorney Brad Branham said Asheville had not yet been served with the lawsuit and beyond that would not comment.
The suit says Sorangelo, 29, a five-year APD veteran, is a a Marine Corps reserve infantry squad leader and a third-generation law enforcement officer, according to the suit. He received police awards for quick action in a homicide call and saving the life of a gunshot victim with a tourniquet, his attorneys said.
On Feb. 11, 2020, he and multiple officers from APD and Biltmore Forest responded to calls of a heavily intoxicated man near the edge of Hendersonville Road.
Officers discussed whether to take the man to the hospital or jail, eventually arresting him after he cursed at them and swatted at them while on his knees, striking at least one officer, according to the suit and body camera video obtained by the Citizen Times in 2021 from the court file. As the man was brought handcuffed to the patrol car, his head struck the side of the vehicle, leaving a bloody mark.
With the man on his back, his hands under him and legs hanging out of the vehicle, Sorangelo attempted to push him in the car by his legs. According to Sorangelo, the man then kicked him in the groin. Video shows Sorangelo climbing into the car on top of the man to punch him once in the face, knocking him out.
Williams announced he would charge Sorangelo after receiving the results of a State Bureau of Investigation probe.
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Zack fired Sorangelo, citing three use of force policy violations: not checking on the man's injuries, not calling an ambulance and excessive force that he said alone could result in termination. The chief also cited Sorangelo's inability to testify in some court cases.
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In the suit, Sorangelo claimed the district attorney and chief took those actions despite an SBI report and an internal investigation that showed no wrongdoing. Neither report is public record, according to state law.
During the trial Feb. 12, 2021, Sorangelo's attorney said the officer reported he struck the man one time, "Simply to stop from being assaulted repeatedly." Asked if the investigation turned up evidence to dispute that, SBI Agent Chuck Vines testified it had not.
Following the charge's dismissal, Zack said he would review Sorangelo's file and that it was possible he could be rehired, though that did not happen. Instead, Sorangelo applied to other agencies, including the FBI, but he said his record caused him to be rejected.
Sorangelo found work as a detective for Madison County Sheriff Buddy Harwood.
Sorangelo was working as a detective, earning $44,816 annually, according to his April 1, 2021, personnel file. As a senior APD officer, he had been making $44,321.
Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: Asheville officer fired after punching man sues DA, chief over record
