BALTIMORE — A Baltimore County Police corporal has been acquitted of using excessive force.
Corporal Zachary Small was accused of pepper spraying Justin Russell, while he was handcuffed and shackled in the back of a police car.
The incident occurred on September 27, 2023, after Russell escaped from police custody at Johns Hopkins Hospital.
Police rearrested Russell and were in the process of taking him back to the precinct for booking.
According to court documents, Russell began to repeatedly bang his head against the patrol car window saying he couldn't breathe.
Small allegedly opened the door, telling Russell “You break that f**king window you’re gonna get the whole can of pepper spray!”
After Russell continued to insist, Small pepper sprayed him multiple times in the face.
When Russell started gasping, Small again opened the door and dragged him out of the car, face down onto the concrete.
Prosecutors argued Small pulled Russell's hair and threw him back into the same area of the police car that was sprayed.
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The entire arrest was captured on body-worn camera,
In the end, a Baltimore City judge wasn't convinced finding Small not guilty.
State's Attorney Ivan Bates criticized the judge for reportedly downplaying the allegations.
“For this judge to say in open court that this wasn’t the second coming of George Floyd or Freddie Gray is both confusing and appalling as he was the trier of fact," said Bates. "This is an 89-year-old former Baltimore County judge who appears to be out of touch with the state of policing in 2024. This type of behavior is what led to Baltimore City being under a consent decree. While we disagree with the verdict, we respect the judge’s decision; however, we will allow the video to speak for itself.”
Russell's escape charge has since been placed on Baltimore City's STET docket.
Two other county officers on scene at the time, Justin Graham-Moore and Jacob Roos, were charged with misconduct for not intervening. Their case remains ongoing.
