RICHMOND, Va. (WRIC) — The Richmond Police Department’s disciplinary review office recommended a one-day suspension for an officer who is facing charges after being accused of using a chemical irritant on three young women inside a car after protests in 2020, court filings show, stemming from something that police indicated is unrelated to the charges against him.

What led to the department’s recommendation is unclear, but Richmond police indicated Thursday that is not connected to the criminal charges against detective Mark Janowski

Janowski is one of two Richmond police officers charged with misdemeanor assault and battery linked to an alleged “fogging” incident in May 2020.

He and the other officer, Christopher Brown, are set to appear in court later this month but have reached an agreement with the city’s prosecutor that they must follow to avoid being tried on the charges.

Janowski was found to have violated the department’s code of conduct for “unsatisfactory performance” and was recommended to serve a one-day suspension and take part in “mandatory remedial training,” according to a notice of suspension dated Feb. 15, 2022, filed in Richmond Circuit Court.

Richmond police said Thursday that administrative investigations stemming from criminal matters “remain pending with no final disposition nor recommendation of discipline” until after the case concludes.

Court documents show that Janowski filed a grievance against the recommendation claiming the department had violated the timeframe laid out in the internal affairs operating manual that requires investigations to be completed within 60 working days unless extended by the police chief.

Documents filed in Richmond Circuit Court by Janowski, including those from the city attorney’s office and human resources office, show the investigation into claims made against Janowski was submitted for executive-level review in August 2020 and returned to internal affairs in January 2022.

Richmond Police Chief Gerald Smith “substantiated” the findings, the court filings show.

Janowski requested that the internal affairs investigation into his alleged actions be formally closed, removed from his personal files and be “stricken from the record permanently,” the documents show.

The effort from Janowski did not meet the definition of a grievance under state law and the city’s personnel rules and was denied, according to the filings. The decision led Janowski to file an appeal against the city with the circuit court in April.

Janowski and Brown were indicted by a grand jury in October 2020, the only two officers charged after the panel considered 18 counts against eight Richmond officers following the civil unrest that summer in the wake of George Floyd’s murder in Minneapolis by a police officer.

Both Janowski and Brown were accused of using a type of pepper spray called O.C. fogger on three people, ages 17 to 19 at the time, who were inside a car stopped in traffic at an intersection in the early morning hours of May 31, 2020, after protests in the city.

On Thursday, a spokesperson for the Richmond Police Department told 8News that Brown and Janowski remain on administrative leave.

They both remain employed by the department, a recent public records request shows, but details about Janowski’s disciplinary review process were withheld by the police department. Efforts to reach Janowski were unsuccessful and his attorneys did not respond to a request for comment.

Update: This story has been updated with the response from Richmond police sharing that administrative investigations regarding criminal cases are not finalized until after the legal matter is closed and indicating that the notice of suspension is not linked to the criminal allegations against Janowski.