The Baltimore State’s Attorney’s Office on Wednesday gave limited immunity to a Baltimore County Police officer to compel him to testify against a colleague who pepper-sprayed a handcuffed and shackled man in the back of a patrol vehicle and then yanked him by the hair.
Cpl. Zachary Small is standing trial in Baltimore Circuit Court on charges of second-degree assault, reckless endangerment, misconduct in office and violating Maryland’s Use of Force Statute. He pepper-sprayed Justin Russell at least seven times while the windows were rolled up and then held by him the hair for almost 30 seconds on Sept. 27, 2023, outside Johns Hopkins Hospital.
Russell had been hitting his head on the window of the car and stating that he could not breathe.
Three other officers, Justin Graham-Moore, Jacob Roos and Thomas Desmond, are charged with misconduct in office under the theory that they failed to intervene.
Assistant State’s Attorney Kimberly Rothwell asked a judge to compel Desmond to take the witness stand after agreeing to not use any of his testimony against him.
After some back and forth, Circuit Judge Paul E. Alpert granted the request — but limited the state to asking one question: Did Desmond have any fear or concern about Russell’s actions inside the patrol vehicle?
“I don’t think I had any,” Desmond testified. “I was just trying to process the scene.”
Desmond’s attorney, Granville Templeton III, objected to the request.
Templeton said his client was a new officer at the time, adding that he’s not a use of force expert. Plus, Templeton said, body cameras recorded all the events.
“Everything’s here on the screen,” Templeton said. “At this point, I don’t see it.”
Small’s attorneys, Brian Thompson and Patrick Seidel, said their client did not commit a crime in how he handled Russell.
The trial is set to continue on Thursday.
