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PAWTUCKET, R.I. (AP) – A Rhode Island police officer charged with punching a 73-year-old casino bathroom attendant because “the water was too cold” is seeking to avoid prison. The Providence Journal reports that 36-year-old Pawtucket officer Michael Tousignant was charged with assaulting an elderly person. Authorities say Tousignant was off-duty at the Foxwoods Resort Casino  on April 1 when he complained to the attendant and then “smacked him.” He was charged by the Mashantucket Pequot Tribal Police Department. Tousignant said during booking that he served in the military and had been with Pawtucket police for 10 years. He applied for a court program that would let him avoid a criminal conviction and prison. It’s unclear if he has an attorney. Pawtucket police say Tousignant is on administrative duty and under investigation.

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