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 sat handcuffed and shackled in the back of a police car.
It happened September 27, 2023, after Russell escaped police custody at Johns Hopkins Hospital.
According to court documents, Russell was re-arrested and began repeatedly banging his head against the patrol car window claiming he couldn't breathe.
Small 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 yell, Small pepper sprayed him multiple times in the face.
When Russell started gasping, Small again opened the door and pulled him out of the car by his hair, face down onto the concrete.
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The incident was captured on body-worn camera, sparking controversy.
In the end a Baltimore City judge wasn't convinced Small acted unreasonably, finding him 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.
He'd previously been convicted of armed carjacking and assault.
Two other county officers on scene at the time - Justin Graham-Moore and Jacob Roos - still face misconduct charges for not intervening.
