Officer In Use Of Force Complaint Identified, Part Of Drug Arrest

SILVER SPRING, MD — Authorities have identified the Montgomery County Police officers reportedly shown in a video using a racial slur and shoving a knee into the face of a man in custody on the ground, while the man who was shown restrained by officer has been charged a drug crime. Police Officer III Kevin Moris of the 4th District Special Assignment Team is under investigation and has had his police powers suspended and he has been assigned to administrative duties pending the results of the review.

Police said Moris' use of force will be investigated by the department's Criminal Investigations Division and those findings will be referred to the Montgomery County State’s Attorneys Office for review. 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.

The events that led to Moris' suspension 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 place him under arrest for the attempted distribution of a controlled dangerous substance.

Police say Pesoa resisted the arrest, officers removed him from the restaurant, and outside the restaurant, Pesoa continued to act in a disorderly manner and resist arrest. He was taken to the Central Processing Unit where he 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.

“The Montgomery County Department of Police takes any complaints or evidence of excessive force seriously," officials tweeted. "An investigation into this matter has been opened and will be investigated thoroughly."

Be aware that there is profanity in this video:

"It’s hard to imagine what circumstances would prompt the officer to use that level of force with a suspect who is already on the ground and restrained," said Councilman Jawando on Twitter.

Acting Police Chief Marcus Jones has asked the State’s Attorney to investigate if charges against the officer are appropriate.

“There may be criminal charges out of this,” Capt. Thomas Jordan, a police spokesman, told Montgomery Community Media on Friday. “Our preliminary review does not seem to support [the officer] using the N-word,” Jordan said.

Police will review the arrest from the body cam footage of the officer, he said.

"I want to ensure that all residents of this county are treated respectfully and fairly by our police force," Elrich said on Twitter after the video surfaced.

Montgomery County Council President Nancy Navarro and Vice President Sidney Katz issued a statement after viewing cell phone videos from community members showing the use of force during the arrest at McDonald’s.

“We are outraged and deeply saddened to watch the videos that show a young man being apprehended by Montgomery County Police officers using what appears to be excessive force. We appreciate that Acting Police Chief Marcus Jones has promptly initiated a thorough investigation into this arrest," the statement said. "The council is committed to making sure that all our residents feel safe when interacting with police officers. We have asked that Chief Jones appear before the Montgomery County Council as soon as possible in July to brief us on this incident and share with us his strategies for community-police relations, including de-escalation training strategies, to make our county a safe place for all our residents."