A Baltimore County police officer sprayed a handcuffed man with pepper spray in the face, locked him in a hot squad car, and used excessive force even as the man repeatedly said, “I can’t breathe.” He has been accused of doing so.
In addition to excessive force, Cpl. Zachary Small is charged with reckless endangerment, professional misconduct and multiple counts of assault, according to a grand jury indictment filed this week.
His indictment includes a narrative of the exchange, including a verbal exchange in which Small dismissed the man’s plea for fresh air.
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Mr. Small is a 19-year veteran of the Baltimore County Police Department and previously served in the military police, his attorney said.
“Officer Small, like all citizens, is entitled to the presumption of innocence,” attorney Brian Thompson said in an email. “We ask that you all suspend judgment until the facts are determined in court, and we are confident that he will be completely exonerated.”
According to Small’s indictment, he was among a group of officers responding to a suspect who escaped from police custody while receiving inpatient treatment at Johns Hopkins Hospital in Baltimore in September. Officers recovered the suspect, placed him in handcuffs and shackles, and placed him in the back seat of a patrol car with the windows rolled down, according to the indictment. The man began banging his head against the window, telling officers he couldn’t breathe and complained that the air conditioning was turned off.
A Baltimore County police vehicle is seen parked in Hunt Valley, Maryland, on February 18, 2021. Baltimore County Police Officer Zachary Small is accused of using excessive force when he sprayed pepper spray in the face of a handcuffed suspect and held him under heavy patrol. car. (AP Photo/Julio Cortez, File)
Small responded, “I don’t care,” and threatened to use an entire can of pepper spray, according to the indictment.
The indictment does not say why the man was hospitalized before fleeing.
Small tried to close the car door, but the man’s knee got in the way. According to the indictment, Small fired nine rounds of pepper spray directly into the man’s face and then closed the door. The man began gasping for air, choking and calling for help while kicking the door of his car to get the officer’s attention, police said.
According to the indictment, Small returned to the vehicle, opened the door, grabbed the man by his shirt, dragged him out and threw him to the ground.
“You asked for it. Just remember this: I warned you,” she said, tugging on the man’s dreadlocks, the indictment states.
According to the indictment, the suspect begged the officers not to let him back into the car, but Small grabbed him by the chest and forced him into the car, then closed the door again. Instead of calling the suspect or providing medical assistance, Small ordered the suspect to be taken to a police station.
Two other officers, Justin Graham Moore and Jacob Ruth, were also charged with professional misconduct for their involvement in the encounter. Details of the suspect’s wrongdoing were not included in the indictment, and his attorney did not immediately respond to a request for comment Friday.
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The union representing Baltimore County police officers said in a statement posted on social media Thursday night that it supports “our members’ right to due process and fairness as required by law.”
A spokesperson for the Baltimore County Police Department confirmed the charges and said police are cooperating with prosecutors. Three officers have been suspended, said Joy Stewart, a spokeswoman for the agency.
The Baltimore City State’s Attorney’s Office, which brought the case to a grand jury, declined to comment Friday. They said further information would be released at a press conference on Tuesday.
