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PITTSBURGH (AP) — A fired city police sergeant wants a federal judge to dismiss a charge that he filed a false police report to obstruct an investigation into allegations that he punched and pushed a drunken man without provocation during a November arrest. Tina O. Miller, the former federal prosecutor representing Stephen Matakovich, 47, contends he couldn't obstruct justice by filing the allegedly false report because there was no investigation to obstruct when the report was filed. But the federal prosecutor pursuing the charges, Assistant U.S. Attorney Cindy Chung, contends Matakovich knew that using excessive force could be investigated as a crime, which is why he filed a false report to cover it up. "Any lay person can understand this concept, let alone a 22-year veteran sergeant with the Pittsburgh Bureau of Police, who has no doubt seen thousands of attempts by criminals to avoid prosecution prior to the police knowing, or initiating, an investigation," Chung said. A judge has yet to rule or set a hearing on Matakovich's request to dismiss the charge. Miller filed the request earlier this month prompting Chung's response filed late Friday. Matakovich was charged by a federal grand jury in April with two counts, willful deprivation of civil rights and knowingly falsifying a record "with the intent to impede, obstruct and influence" the investigation into his actions. Matakovich has testified at a preliminary hearing on related state charges that he felt 19-year-old Gabriel Despres adopted an "aggressive posture" and appeared ready to attack when Matakovich tried to get Despres to leave a high school championship football game at Heinz Field on Nov. 28. Matakovich's report contends Despres balled his fists and adopted an aggressive posture — but surveillance video from the stadium shows Despres with his hands at his sides and not advancing when the officer suddenly pushes him down and then strikes him in the face as he tries to get to his feet. Despres was treated for a bloody nose and last month pleaded guilty to citations for public drunkenness and defiant trespass in the incident. He was ordered to pay more than $900 in fines and court costs. A city district judge in February dismissed charges of simple assault and official oppression — abusing his police power — against Matakovich even after a city police expert on the use of force reviewed the video and testified that Matakovich "was not reasonable" in pushing down the man and striking him. Police refiled the charges and Matakovich has been ordered to stand trial in October in Allegheny County. In federal court, Matakovich faces up to 10 years in prison on the civil rights charge and up to 20 years for the records falsification charge, both felonies, if convicted. Miller argued in her filing that charging Matakovich "with acting in 'contemplation of' a federal investigation that did not exist and was unlikely to occur ... stretches the law beyond constitutional bounds." But Chung contends it's "absurd" to argue that Matakovich was "unaware that the use of excessive force could be investigated as a federal crime in light of the history of high-profile excessive force federal investigations and prosecutions in this country."

Fired Pittsburgh cop wants feds to drop false report charge