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MEMPHIS, Tenn. — A former Shelby County deputy was indicted on criminal charges following a traffic stop last year.

Justin Fitzgibbon was indicted on charges of official oppression and assault after an incident in December 2019.

According to the Shelby County District Attorney’s Office, the 39-year-old pulled over a driver who was traveling down I-40 going more than 100 miles per hour.

He said he ordered the passenger out of the vehicle, but the man refused to comply with commands to put his hands behind his back. The passenger then resisted and he had to use force to control the situation.

The passenger was arrested and charged with assault.

However, video from the incident disputed Fitzgibbon’s claim that he was assaulted. The passenger was released and the charges dismissed in court.

The passenger filed a complaint with the sheriff’s department alleging excessive force.

Fitzgibbon left the department earlier this year.