The man seen in a viral traffic stop video in Jasper, Tennessee, in August had his case sent to the Marion County grand jury for potential indictment after a judge determined there was enough evidence against him to move forward.
Samuel "Sal" Hrynecwicz, 52, of Dunlap, Tennessee, faces charges of resisting arrest, assaulting a police officer and filing a false report. The case was sent to the grand jury Wednesday.
Hrynecwicz was the passenger in a car stopped Aug. 5 by Jasper police officer Justin Graham for allegedly running a stop sign and almost causing a collision. Hrynecwicz was initially charged with two counts of assaulting a police officer and resisting arrest.
In a hearing before General Sessions Judge Marshall A. Raines Jr. on Wednesday, the case against Hrynecwicz was bound over on one count of assaulting a police officer, one count of resisting arrest and one count of filing a false report, a charge that wasn't among the original counts and may or may not be related to the traffic stop, according to the Marion County Circuit Court Clerk's Office. The other count of assaulting a police officer was dismissed.
The next grand jury convenes Dec. 15, court officials said.
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Court records show Hrynecwicz is represented by attorney Thomas Austin, of Austin, Davis & Mitchell in Dunlap. Austin wasn't immediately available for comment when his office was contacted by phone. District Attorney Courtney Lynch also was unavailable to comment on the case, according to personnel in her office.
Hrynecwicz remains free on a $4,500 bond, jail officials said.
In the video, Hrynecwicz struggles with Graham, who pepper-sprayed him and struck him in the face, all actions Lynch called justified in a review of the arrest. Following public release of video of the incident taken by the driver of the car, Jasper authorities held a news conference on the arrest, specifically focusing on Hrynecwicz and police actions taken in arresting him.
Hrynecwicz appeared to be intoxicated, and Graham saw what he initially identified as a firearm in the back seat, though the gun was later found to be an airsoft gun, Jasper City Attorney Mark Raines said during a news conference following Hrynecwicz's arrest in August.
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Graham repeatedly asked Hrynecwicz to get out of the car, according to the footage. Hrynecwicz did not get out, and Graham appeared to reach across him and undo his seat belt, according to the video shown at the conference in August. He and other officers who joined the stop eventually pulled Hrynecwicz out of the car and put him face down on the ground while they handcuffed him, according to video shown at the conference.
During the struggle, Graham used pepper spray and struck Hrynecwicz with an open hand, attempting to deliver a brachial stun to his neck, but Graham missed and struck Hrynecwicz in the face, according to Lynch.
"The presence of what appeared to be a firearm similar to the weapons used by SWAT teams gave the officers cause to ask Mr. Hrynecwicz to step out of the vehicle," Lynch said in August.
Presentation of a case to a grand jury can lead to an indictment on some or all charges, or the case can be dismissed.
Contact Ben Benton at bbenton@timesfreepress.com or 423-757-6569.