Judge denies indicted Snoqualmie police officer’s request to get his gun back

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Nick Hogan

SEATTLE (AP) — A Washington state police officer accused of using excessive force has had a request to restore his right to carry a firearm while awaiting trial denied.

The Seattle Times reports (http://goo.gl/3mK5ne ) on Tuesday that U.S. Magistrate Judge Brian Tsuchida refused to restore Officer Nicholas Hogan’s right without a waiver of the law that bars indicted defendants from possessing firearms.

Hogan must petition the U.S. attorney general for the waiver, but Assistant U.S Attorney Bruce Miyake says the likelihood of that happening is minute.

Hogan was on paid administrative leave after being indicted on a charge that he pepper-sprayed a man who was under arrest and restrained.

A new Snoqualmie Police Department chief removed Hogan from paid leave and ordered him to report for duty knowing that Hogan cannot do his job without a firearm.

Hogan’s attorney expects Hogan will be fired if he is unable to report for duty.

Hogan pleaded not guilty in June to a federal criminal charge that he pepper-sprayed a man who was under arrest and restrained in a hospital gurney.

Hogan was placed on paid leave after a grand jury indicted him in May on one count of violating the civil rights of a man he arrested in May 2011.

Tukwila internal-affairs documents obtained by The Seattle Times say Hogan took the man to a hospital for stitches and while there, shoved and tackled the man before pepper-spraying him in the eyes. Hogan says the man had threatened and lunged at him.

Hogan will remain free pending an Aug. 8 trial.

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