SEABROOK — A Seabrook patrolman was denied his old position of lieutenant last week after an arbitrator ruled he covered up a police brutality incident that took place under his watch.

Arbitrator Parker Denaco wrote in a 36-page decision Jan. 22 that the town was justified in demoting John Wasson to patrolman in 2014, saying he failed to act as a supervisor the night a former patrolman slammed an arrested man's head into a wall six years ago. He also said Wasson attempted to cover the incident up when it surfaced in 2014.

Wasson was one of four members of the Seabrook Police Department punished in the aftermath of the Nov. 11, 2009, incident. The others were patrolmen Mark Richardson and Adam Laurent, who were terminated, and patrolman Keith Dietenhofer, who was suspended for two days.

That night, Richardson slammed then-19-year-old Michael Bergeron Jr., who was detained on a charge alleging driving while intoxicated, head first into a cinder block wall while walking him down a hallway to his cell. Laurent pepper-sprayed Bergeron after he collapsed on the floor. Dietenhofer was in the hallway walking behind Richardson at the time. Wasson, then a sergeant, was supervisor the night of the incident but was not in the station at the time.

Richardson was indicted in 2014 and pleaded guilty to simple assault by an on duty law enforcement officer, spending 21 days in Rockingham County House of Corrections.

Wasson and the others were investigated after the incident surfaced in January 2014, when Bergeron posted surveillance footage of the incident on YouTube. The town hired Municipal Resources Inc., to conduct an independent investigation of the incident. The department also collaborated with the state attorney general’s office and FBI, leading to the disciplinary action.

Wasson went before an arbitrator last September seeking his old position back, represented by attorney Joseph DeLorey of the American Federation of State, County and Municipal Employees union. The town was represented by attorney Joseph McKittrick.

DeLorey argued Wasson was “never fully aware” of the incidents that took place the night of the incident. He said Richardson, not directly involved with the arrest of Bergeron that night, did not fill out a report on his use of force that night.

DeLorey stated Wasson did not get a “fair shake” when he was demoted in 2014, according to Denaco. He stated he was an “exemplary citizen,” a “squared away” law enforcement officer and a “son of Seabrook.” He said Wasson grew up wanting to be a Seabrook officer and possibly police chief.

McKittrick argued that while Richardson did not file a report about his use of force, he told Wasson verbally about his slamming Bergeron into a wall.

Denaco included in his decision part of an interview with Richardson conducted by Municipal Resources Inc. Richardson was asked “Did anyone say to Sgt. Wasson in addition to the spray there was a slam to the wall?” Richardson answered “yes, me,” explaining he told Wasson “I think he hit the wall harder than I expected.”

Richardson then told the interviewee Wasson “just kind of waved me off,” focusing on Laurent for using pepper spray in the station, according to McKittrick. Richardson said Wasson then made no further inquiry about Bergeron, he argued.

Denaco wrote it was Wasson’s responsibility to identify something was wrong the night of the incident and not wait until he was explicitly told Richardson committed an assault.

“These sergeant duties are self-starters and do not need someone to arrive on their so-called ‘passive’ door steps to get or keep an operation or project going,” Denaco wrote. “The sergeant does not require someone else to make him ‘fully aware’ before he asks for himself what is wrong, why is it wrong and what will it take to correct it.”

Denaco also cited an argument by McKittrick that Wasson waited to inform the department a video existed of the incident. McKittrick wrote that Wasson was approached by Bergeron’s mother, Joyce Bergeron, in October 2010 regarding a “tape about three police officers who beat the crap out of my kid.” Wasson told her he’d like to see the tape, according to McKittrick, but she never heard from Wasson again about the tape.

In 2014, when Wasson was being interviewed by the attorney general and FBI investigators, Wasson said he first learned of the incident when the YouTube video was posted. Laurent called him that night, he said in the interview, to remind him he was the shift supervisor at the time of the incident.

“Wasson knew within minutes of the publication that he was involved,” McKittrick wrote. “But he said nothing to the chief or deputy, deliberately leading them to believe that he was not involved and that he would be of assistance in the case preparation… He was evasive and untruthful to the police administration during one of its darkest hours.”

Danaco wrote in the decision that the “discipline imposed on the grievant (Wasson) was not inappropriate, too severe or without cause.”

Town Manager Bill Manzi released a statement Wednesday praising Denaco’s decision, as well as the selectmen’s decision in 2014 to use Municipal Resources Inc., to conduct the investigation into the department.

“The arbitration decision allows the town of Seabrook and its Police Department to put this unfortunate situation behind us,” Manzi said. “I look forward to working with (Now Chief Michael) Gallagher, the Board of Selectmen, and the outstanding men and women of the Seabrook Police Department to make our department the very best it can be.”