Montgomery Officer Charged With Assault In Excessive Force Case

SILVER SPRING, MD — A Montgomery County Police officer purportedly shown in a video using a racial slur and shoving a knee into the face of man in custody — which prompted complaints that excessive force was used in the drug arrest — now faces criminal charges. Police Officer III Kevin Moris, 31, of Silver Spring, was charged Tuesday by the Montgomery County State's Attorney with second-degree assault and misconduct in office, according to Maryland online court records.

During a press conference to announce the charges against Officer Moris, Montgomery County State’s Attorney John McCarthy said he is “troubled” by the alleged assault. “It is absolutely fundamental that we foster a partnership between the police and our community,” McCarthy said, according to Bethesda magazine. “… If a police officer acts improperly in Montgomery County, they will be held accountable.”

And one County Council member said Tuesday that he has received reports of troubling interactions with Officer Moris dating back a year and a half, which the police department must address.

It's the latest incident to raise questions about police behavior, following a May incident where a white police officer used the N-word while talking to men at a business.

SEE ALSO: Officer In Use Of Force Complaint Identified, Part Of Drug Arrest

The events that led to criminal charges against Moris began on July 3 when undercover police officers investigated Arnaldo Pesoa, 19, of Silver Spring, who was allegedly selling psilocybin mushrooms in the Aspen Hill area. Plainclothes officers located Pesoa inside a McDonald's at 13701 Connecticut Ave., and attempted to arrest him for the attempted distribution of a controlled dangerous substance. Police say Pesoa resisted arrest both inside and outside the restaurant, and outside the restaurant.

At the July 9 press conference, interim Police Chief Marcus Jones said there is “troubling evidence” to show Moris used excessive force during the arrest, the magazine reports. “It bothered me when I saw it, the excessiveness of Officer Moris slamming the suspect’s head to the pavement,” Jones said. “I have the utmost confidence in our officers … but there are some times that good people do bad things.”

Pesoa was charged with one count of possession of a controlled dangerous substance, one count of attempt distribution of a controlled dangerous substance, one count of resisting arrest, and one count of second-degree assault. Pesoa was released from custody after posting a $5,000 bond.

Just last month, Montgomery County Executive Marc Elrich and Council member Will Jawando hosted a community forum on policing. That came on the heels of a police transparency bill signing, and amid a police investigation into a video that purportedly shows a white officer using a racial slur while talking to a group of black men.

The police department said asks that any witnesses or people who may have more information regarding Pesoa's arrest call the Internal Affairs Division at 240-773-6000.

Be aware that there is profanity in this video:

Councilman Jawando on Twitter Tuesday said that Moris has been suspended by the department. While he supports the internal investigation into the actions shown on the video, and the charges filed, the councilman said he has heard from residents about troubling encounters with Moris going back to January 2018.

"I think we need to discuss the fact that the rest of the officers present did not stop this behavior," Jawando said in a statement. "If concerns had been brought about this specific officer over time, why did the department allow this officer to continue to interact with our residents? ... I hope this will send a message that no one is above the law."

Montgomery County Council President Nancy Navarro praised Acting Chief Jones' prompt investigation of the case, and the quick filing of charges by prosecutors.

“Today is a somber and introspective one for Montgomery County because the overall reputation of our police department has been impacted by the excessive use of force by one police officer. It is important to reiterate that the Montgomery County Police Department is made up of men and women of integrity who pride themselves on high standards as they keep our county safe; however, effective accountability and oversight are essential to develop and maintain trust between the police and our community," Navarro said in a statement.

Jones will brief the County Council on July 23 about strategies for community-police relations, including de-escalation and other police training needed.