ROCKVILLE, Md. — A Montgomery County police officer seen smashing his knee into a handcuffed suspect last year will be avoiding jail time.
Officer Kevin Moris was convicted of second-degree assault for his actions against Arnaldo Pesoa on July 3, 2019 outside an Aspen Hill McDonalds during a drug arrest. Moris was sentenced to 90 days in jail by a Montgomery County judge on Monday, but the sentence was suspended as long as Moris completes other requirements like community service and probation.
Montgomery County Councilmember Will Jawando, an advocate of police reform, calls the sentence “too lenient." Jawando said Moris' actions could have killed Pesoa.
“As soon as George Floyd was murdered, two things stuck out to me," Jawando said. "The first is that there was a knee used to his head and neck area, and then officers stood by and watched it happen. Both are what happened in the case of Mr. Pasoa. We could have been Minneapolis nine months before George Floyd."
State’s Attorney John McCarthy said the sentence sends a message to police that they’ll be held accountable in Montgomery County.
“We brought these charges before the protesting, before the public conversation about this," McCarthy said. "I hope that sends a message of the fact, it didn't take protests, it didn't take marches, for us to act responsibly and do our duty as law enforcement officers in this community and charged this officer promptly.”
In the wake of the George Floyd murder, Montgomery County Council passed a bill prohibiting police from striking people in custody, banning chokeholds, and requiring other officers to intervene to stop colleagues who go too far.
Jawando was the author of the bill. Police have 90 days to rewrite their policies, Jawando said.
Officer Moris has been on administrative leave while the case was in court. He faces possible firing as the case now moves through a police disciplinary process.
Moris' attorney said he hopes to keep his job as a police officer.
“There's no evidence that was presented during the trial and based on the verdict, to show that this was anything other than a split-second decision made under very tense circumstances," attorney Morgan Leigh said.
Leigh pointed out that Moris was found not guilty of a misconduct in office charge, and that Moris had an unblemished record with numerous awards for performance.
"The jury found was he used more force than necessary," Leigh said, "but that it wasn't malicious."