Incident Overview
On August 2023, Cobb County police responded to a report of individuals pointing guns at each other near the Six Flags parking lot. The incident involved the arrest of Montavia Smith.
Arrest Details
Smith was approached by Officer Nicholas Malagon. Body cam footage shows Smith on the ground, arms out, and not resisting when Officer Malagon threw the first punch. Despite Smith’s non-resistance, Malagon continued to use force, resulting in blood from Smith’s nose.
Internal Affairs Investigation
A police supervisor’s spot check of body cam footage led to an internal affairs investigation. The investigation concluded that the actions of Officers Nicholas Malagon and Noah Mack were inconsistent with Cobb County Police policy.
Officer Terminations
Officer Nicholas Malagon was terminated for unreasonable use of force and other policy violations. Officer Noah Mack was terminated for false statements in his incident report, including an inaccurate claim that Smith was tackled and omitting critical details of the incident.
Legal Proceedings
The case has been reviewed by the Georgia Bureau of Investigation and turned over to the District Attorney’s office. A grand jury will review the case. Smith faces misdemeanor charges for drug possession, obstruction, and tampering with evidence. The investigation is ongoing.
Public Safety Director’s Statement
Cobb Public Safety Director Mike Register emphasized that such behavior will not be tolerated. Police Chief Stuart VanHoozer supported the terminations, stating that the decisions were made carefully and prayerfully.
Current Status
The Cobb District Attorney’s Office is reviewing the GBI’s findings. Solicitor General Mia Meer confirmed that the case against Smith is still under investigation.
Conclusion
The incident highlights the importance of body cam footage in accountability and ensuring police conduct aligns with departmental policies. The response from Cobb County Police indicates a commitment to addressing policy violations and maintaining public trust.
