A Pueblo police officer has been charged with assault and falsifying documents stemming from an on-duty incident last year at a bar.

Officer Derek Wyberg, 26, also was charged with oppression and misconduct, according to court documents. Wyberg has not been arrested but was ordered to appear in court this week.

Chief Luis Velez said an internal investigation was conducted into the

April 23, 2011, incident at the Sunset Inn, 2808 Thatcher Ave.

Citing the matter a personnel issue, Velez wouldn't give details about the case.

The victim in the matter is Nick Falletta, 23, who was blasted twice with

a Taser by police and was arrested for disorderly conduct, resisting arrest and battery on a police officer � charges that have since been dismissed, according to Falletta's attorney, Jim Carleo.

Court documents give short, vague descriptions of why the charges were filed against Wyberg.

But Carleo said the crux of the matter stems from Wyberg's continued

interest in an ex-girlfriend, who was dating one of Falletta's friends.

"I think (Wyberg) wanted to flex his muscles with an eye toward impressing (the ex-girlfriend) or something," Carleo said. "There had been incidents prior to this because of a common girlfriend, an ex-girlfriend Wyberg had his eye on."

Wyberg was on duty and made a "bar check" at the Sunset that night, where he reportedly confronted the ex-girlfriend and her boyfriend.

"Nick told the officer he was just tired of it and needed (him) to back

off, where upon the officer just attacked him and took him to the ground," Carleo said.

Officers Thomas DeCesaro and Antoinette Ramos were with Wyberg. During the scuffle, Ramos twice shocked Falletta with her Taser.

Wyberg reportedly fabricated incidents of that night in his report.

"How can I put it plainly � they lied," Carleo said. "The officers

attempted to show Nick had provoked the officers and physically engaged them, but there was a videotape from the Sunset and that clearly wasn't the case. It was clear that the officers were the initial aggressors."

As a result of the internal investigation, Wyberg and DeCesaro were

disciplined for their actions. Velez said Ramos was not disciplined.

The Chieftain has learned Wyberg was suspended for five days and DeCesaro received a one-day suspension.

The Chieftain has been told DeCesaro was punished for withholding

pertinent information from his report.

DeCesaro was one of two officers who shot and killed a knife-wielding

suspect in December, an investigation that's still ongoing.

DeCesaro has not been charged in the April incident.

Carleo said Falletta wasn't intoxicated at the time and suffered a concussion during the scuffle, an injury that has affected his memory.

Carleo said he is currently in negotiations with the city's insurance

carrier to help with Falletta's medical bills.

"I believe City Council is going to do the right thing here," Carleo said.

Velez said Wyberg, who is still employed with the police department, could lose his job if found guilty of any of the charges, which are all

misdemeanors.

Wyberg is the fourth Pueblo police officer charged in the last year.

- Officer Jonathan Adams was charged with misdemeanor assault, harassment and menacing stemming from a January 2011 alleged physical altercation with

officer Deb Romano at police headquarters. His case is ongoing.

- Officer Michael Sincerbox was charged with misdemeanor official

oppression in a February incident in which he reportedly slapped a juvenile boy who was restrained and in custody at a hospital. His case is ongoing.

- Romano was charged with misdemeanor third-degree trespass for reportedly barging into a home uninvited in April. Her charge was dismissed.