Citing newly discovered evidence, Interim Seattle Police Chief Harry Bailey has reversed a finding that an officer used excessive force when he stepped on the head of a handcuffed man outside a Ballard bar in 2010, reports the Seattle Times.

Bailey, as required under city rules, notified Mayor Ed Murray and City Council President Tim Burgess of the decision by letter Monday, saying city attorneys recommended the action after a medical expert found the officer sustained a concussion during a brawl that preceded the contact with the handcuffed man.

The concussion, according to the expert, may have caused the officer, Garth Haynes, to "be confused and lack the ability to control his actions," Bailey wrote in the letter.