ATLANTA – Desmond Marrow glad when the officer said he choked him during an arrest was fired quickly after a video of the encounter went viral. But now his lawyers say that police and politicians initially tried to cover up any violations.
Henry County police arrested bone Marrow on Dec. 2 while responding to reports of a road rage situation. After the video of the arrest circulated widely online in April, lawyers for Marrow called for the officers involved to be fired and for criminal charges against the bone Marrow to be rejected.
In the one-minute video clip, officers can be seen forcefully taking a cohort of the bone Marrow to the ground by sweeping his legs under him as he cries, “I am not even fighting back.” If he is on the ground, an officer lays his hand on the Marrow’s throat for a few seconds and Marrow says, “I can’t breathe,” while another officer tells him to settle down.
Police Chief Mark Amerman announced a few weeks later that an internal affairs investigation has shown, that the officer of David Rose used unnecessary force and was also included on his car video camera system: he said that he was choked by the bone Marrow and was not planning to include this in his report. Rose was dismissed.
The same day, Henry County District Attorney Darius Pattillo said no felony charges would be brought against the bone Marrow, and that misdemeanor charges would be transferred to the province of attorney-general for the review.
In the bone marrow and his lawyers were very enthusiastic.
“We are pleased that this chief stepped forward and keeps the officer who choked Mr. responsible and get him off the force,” attorney L. Chris Stewart told The Associated Press at the time.
But it was all a sham, Stewart said Monday.
“We saluted that department for taking immediate action, because it is so rare,” Stewart told reporters. “Unfortunately, that was not the truth of what happened.”
In a lawsuit filed Monday in Henry County Court of the State, the Marrow of the lawyers said the officers rights have been violated and that the police and politicians dealt with.
County spokeswoman Melissa Robinson said in an e-mail that the county does not respond to pending litigation.
A full internal affairs investigation is already done, days after the arrest, according to a report dated Dec. 7 in the bone Marrow, the lawyers obtained through an open records request. Then Major-general Mike Ireland writes that he reviewed Rose in-the-car-video, a second video shot by a citizen, 911 calls, witness statements and police reports.
Ireland, since promoted to deputy director, found that the officers complied with policy. The placement of Rose’s hand on the Marrow’s neck “not intentionally,” the report says.
E-mails show officials concerned about possible protests, and the county’s reputation in the wake of the arrest and wanted to sweep it under the rug, Stewart said.
“It almost went away. It went away for four months,” Stewart said, referring to the time between the arrest and the video surfacing online.
Capt. Joseph Smith wrote in a second domestic affairs a report of 4 May that Rose can be heard on the dashcam video tells a fellow officer Matt Donaldson, “I’m not going to write, but hell yeah, I choked that (expletive).”
Rose doesn’t deny saying that, but said he did not remember and that must have been, said: “in the bravado of the situation,” the report says. Donaldson said Smith, his attention is divided and that if Rose said: “it went in one ear and out the other.”
The police and the elected officials named in the lawsuit were “fully aware of the false report made by the Defendant Ireland, and the dash cam audio that captured the Suspects, Rose and Donaldson planning to hide their use of excessive force,” the lawsuit says.
“You don’t have two trials for the same incident, and then hide and leave the other because you are caught covering for the director. That is just wrong,” Stewart said.
Henry County Solicitor General Pam Bettis on Thursday, charged bone Marrow with felony obstruction of officers, reckless driving and aggressive driving and disorderly conduct county ordinance violation.
Bettis told the AP that they convened a citizen panel for the charges, an unusual step prompted by the high-profile and divisive nature of the case. The panel met for four hours and agreed to all of the costs.
In the bone marrow for the lawyers said they reported to the county in mid-July that they had discovered a conspiracy to cover up the use of violence and the first research. They called the charges filed last week ” a clear attempt to silence the Lord’s bone Marrow.”
Bettis said that she didn’t want anyone to be silenced.
Bone marrow played football at the University of Toledo in Ohio, but was not prepared of the college. He signed a contract in 2012 with the Houston Texans, but was cut during the preseason. The Tampa Bay Buccaneers picked him up but he could not make the team.