A Baltimore Police officer committed assault and misconduct when he threatened to choke and kill a 17-year-old during an arrest and later pushed him in the face, a judge ruled on Wednesday.

“I expect criminals to act like criminals,” Baltimore Circuit Judge Gregory Sampson said after he found Officer Maxwell Dundore guilty of second-degree assault and misconduct in office at the end of a two-day bench trial. “I don’t expect police officers to act like criminals.”

Police arrested Bobby Adams after he got out of a stolen car on Mayfield Avenue near Cardenas Avenue in Belair-Edison and tried to take off on April 27, 2020. That’s when a struggle that lasted several minutes ensued.

Dundore, the judge determined, put Adams in imminent fear of harm by placing his hands near the teen’s neck and stating, “I will choke you. I will kill you.” Sampson also found that Dundore intentionally pushed Adams in the face while he was lying on the ground and handcuffed.

Adams, now 20, testified that he could not breathe at times and feared for his life. He said he was not hurt that morning but stated that the experience traumatized him.

In body camera video, Adams shouted over and over again that police had kicked him in the face. He testified that he resisted arrest because he didn’t want to go to jail.

Meanwhile, Dundore testified in his own defense and denied that he used a chokehold.

When he shouted, “I will choke you. I will kill you,” Dundore explained, “I never said it as a threat. I said it more as a defensive tactic.” He said he moved Adams’ head out of the way for his safety and denied shoving him.

As he went to stand up, Dundore testified, he lost his balance and placed his hands on the ground to brace himself from falling face first into concrete steps in front of a home. He said he had been wearing one-year-old work boots and stated that the ground was wet and chewed up. His left foot slipped, he said.

During his testimony, Dundore reenacted what he said happened that morning on the floor of the courtroom in the Elijah E. Cummings Courthouse. His private investigator, Philip Becnel, played the role of Adams. And defense attorneys introduced the boots into evidence.

Dundore testified that he deeply regretted his language — he also called Adams “stupid ass” and told him to “shut the hell up” — and stated that he’d like to apologize.

Assistant State’s Attorney Ernest Reitz argued that Dundore committed multiple acts of assault, including performing a body slam, using a chokehold, pushing the teen in the face and kicking him in the head.

But Sampson concluded that the takedown did not rise to the level of a crime and stated that there was insufficient evidence to find that the officer tried to choke the teen. He said he would have determined that the kick constituted an assault if the burden of proof was lower in a criminal case.

At the same time, Sampson described Adams’ actions that morning as unacceptable. He’s incarcerated and awaiting trial on charges of robbery, first- and second-degree assault and theft in an unrelated case.

In a statement, State’s Attorney Ivan Bates commended the work of the Public Trust and Police Integrity Unit.

“I campaigned for this office to change the culture of accountability in Baltimore, regardless of status or rank,” Bates said. “This conviction exemplifies that commitment and is vitally important in restoring public trust in the criminal justice system by reaffirming that officers who break the law will be held accountable for their actions.”

Dundore’s supervisor at the time, Sgt. Brendan O’Leary, is charged with making false statements and misconduct in office and set to stand trial on April 18. He’s accused of misrepresenting facts about the use of force in Adams’ arrest and misleading investigators.

Following the trial, Natalie Finegar, one of Dundore’s attorneys, said she was disappointed in the verdict and plans to appeal.

“We hope to explain to the court exactly who Officer Maxwell Dundore is and the outstanding work that he has done for the Baltimore City Police Department,” Finegar said. “One day in an officer’s life does not equate to who he is as an individual overall.”

Dundore, 29, is a more than five-year veteran of the Baltimore Police Department. His police powers remain suspended. He’s scheduled to be sentenced on June 12.

dylan.segelbaum@thebaltimorebanner.com