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Split verdict in trial of Montgomery County police officer
The jury in the case of a Montgomery County police officer on trial for assault and misconduct has reached a verdict.
ROCKVILLE, Md. (FOX 5 DC) - The jury in the case of a Montgomery County police officer on trial for assault and misconduct has reached a verdict.
Officer Kevin Moris was found guilty of assault but not guilty of misconduct in office on Thursday evening.
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Moris was captured on video kicking 19-year-old Arnaldo Pesoa in the back of the head while he was handcuffed outside of a McDonald's in Aspen Hill last July while attempting to take the teen into custody.
Testimony from several officers who were at the McDonald's that day said Pesoa had been resisting arrest and it took several minutes before they could get him into handcuffs.
Although each officer was questioned about whether Pesoa was spitting on Moris, none of them said they had actually seen him do it. Some officers said they had heard spitting noises while another said he heard Moris tell Pesoa to stop spitting on him.
On Thursday morning around 11:30 a.m., the jury sent a note to the judge saying that they were split 6 to 6 and at a stalemate. They deliberated all afternoon and reached a verdict at around 5:30 p.m.
Moris stood as the verdict was read. FOX 5's Paul Wagner says Moris seemed to blanch as if he was shocked by the delivery of the verdict. Moris' wife began to weep.
"My brother is a man who made a mistake... he's not perfect. And, um, ultimately it led to what I believe was police brutality and I think that... there needed to be an example made out of Kevin Moris. I think what he did was horrible," said Ricardo Pesoa, the victim's brother.
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The defense declined to comment along with two jurors following the verdict.
Moris will be sentenced on February 7. He could face up to 10 years in prison.
Court records show Pesoa pleaded guilty to a drug charge in November and was given probation.