by Ruben Castaneda, Washington Post
Two Prince George’s County police officers charged with assaulting a burglary suspect in January with a baton and a police dog were acquitted of all charges yesterday by a Circuit Court judge.
Moments after a Prince George’s prosecutor completed his closing argument, Circuit Court Judge E. Allen Shepherd acquitted Cpl. James C. Partenza and Cpl. Mark Elie, a canine officer, of second-degree assault. Without comment, Shepherd also acquitted Elie of a charge of misconduct in office. The two officers had waived their right to a jury trial in favor of a bench trial.
On Wednesday, Shepherd dismissed the more serious charges of first-degree assault and reckless endangerment against both officers. He also tossed out a charge of misconduct in office against Partenza.
Surrounded by family members and other supporters who took turns hugging him, Elie, 36, wept softly in a courthouse hallway after Shepherd rendered his verdict. Inside the courtroom, Partenza, also 36, accepted congratulations from relatives and other supporters.
The verdict was another setback for Prince George’s State’s Attorney Jack B. Johnson (D), who is making his prosecutions of police misconduct a cornerstone of his campaign for county executive. Although Johnson’s office has brought several cases alleging on-duty misconduct in recent years, it has failed to obtain a conviction.
Yesterday, Johnson brushed aside suggestions that the officers were indicted for political reasons.
“It was a case that needed to be brought. You had one officer who believed that the other officer acted not in accordance with the law,” Johnson said. “The judge tried it. I guess he had reasonable doubt.”
Johnson obtained indictments against Partenza and Elie in connection with a Jan. 20 incident in the garage of the Sunoco gas station at Riggs Road and Eastern Avenue, where the officers responded to a reported break-in and encountered Hector Millan, 28, hiding behind a toolbox.
When he announced the indictments March 22, Johnson alleged that Partenza hit Millan with his police baton after Millan raised his hands and surrendered. When Millan fell to the ground, Elie released his police dog, which bit Millan on the arms while Partenza kept hitting the suspect, Johnson alleged. Elie then released his dog again, Johnson said.
The indictments were based largely on the testimony of Cpl. Joseph Diaz, whose report to a supervisor of potential misconduct prompted the investigation.
But the evidence Johnson’s prosecutors presented during the four-day trial was often contradictory.
Millan testified more than two dozen times that he could not recall details of the event. He testified that the police dog was released once, found him and bit his left arm.
In contrast, Diaz testified that Elie released the dog a second time. Diaz testified that he did not see Partenza do anything improper.
Partenza testified yesterday that he was standing near the toolbox when he holstered his gun, thinking the suspect was gone. Suddenly, Elie’s dog raced toward him; Partenza testified he took out his baton, thinking he might have to hit the canine to defend himself.
Instead, the dog went to the toolbox and started sniffing under its door, Partenza testified. The door opened, and there was Millan, an arm’s length away, his left hand clenched, Partenza testified. Partenza testified that he swung twice at Millan’s hand and hit him once in the head accidentally.
Timothy F. Maloney, Elie’s attorney, and William C. Brennan, Partenza’s attorney, said yesterday that they were so certain of their clients’ innocence that they offered to let them them testify before the grand jury unconditionally. Johnson rejected their offer in writing, the attorneys said.
“This case would have never been indicted if the officers had been allowed to testify,” Maloney said.