LANSING, Mich. (wLNS) – An Ogemaw County Sheriff’s Office Deputy is being accused of assaulting an autistic man and not reporting the use of force to higher-ups.

Michigan Attorney General Dana Nessel announced Tuesday that Deputy Matthew Viviano, 48, is going to trial for charges of misconduct in office.

The charge is a five-year felony, in addition to one charge of assault and battery.

According to Nessel’s office, Viviano and another deputy responded to an emergency call at Premier Care Assisted Living in September of 2021. A 27-year-old autistic resident was allegedly assaulting a caretaker at the facility.

Three Michigan State Police troopers arrived to assist the deputies.

While the troopers were calming the man down, Viviano allegedly pushed the 27-year-old down on a couch twice and then “utilized unnecessary defensive techniques against the resident.”

The three troopers present testified that the use of force was unwarranted and unreasonable.

“Officers who violate the law erode the public’s trust in law enforcement,” said Nessel. “I commend the Michigan State Police troopers for reporting this incident and working with my department to hold accountable an officer who violated the law.”

A pretrial is scheduled for November 8 at 2:00 p.m.