The City of Erie police officer seen on video kicking a woman during Saturday night's riot has been placed on desk duty, according to a statement released Wednesday evening.

The matter has also been referred to Erie County District Attorney Jack Daneri for review.

The announcement comes one day after Attorney Tim McNair filed a complaint with the City on behalf of Hannah Silbaugh, the 21-year-old woman who was kicked in the video. The letter threatened litigation to seek justice if the City did not take action.

Silbaugh said she was exercising her First Amendment right to protest through civil disobedience when she was kicked.

Her lawyer is calling it a "sudden and unnecessary" use of force.

The name of the officer has not been released.

Solicitor Ed Betza released the following statement in response to the letter:

We are in receipt of the letter from Attorney Tim McNair. We are aware of the issue and the complaint. The City is taking this matter very seriously.

The officer in reference to the video has been placed on desk duty since the incident as the investigation is ongoing.
The matter had been referred to the Inspector of the City Police Department. He is conducting a complete investigation of the incident. He will review all video and will conduct interviews of witnesses.

Because of the nature of the complaint, the City has also referred the matter to District Attorney Jack Daneri. District Attorney Daneri will independently review the City's complete investigation file and take action as appropriate.

The investigation is a high priority for the City and the entire community. The City will not be in a position to comment until the investigation is completed.