Introduction
Cobb County police are addressing a controversial arrest from last August that resulted in the termination of two officers. A grand jury is now set to review the case. The incident has raised significant concerns about police conduct and internal procedures.
Discovery of the Incident
Public Safety Director Mike Register revealed that a police supervisor discovered troubling footage during a routine body cam video check, prompting an internal affairs investigation. This investigation led to the firing of officers Nicholas Malagon and Noah Mack.
Body Cam Footage Analysis
Body cam footage from the arrest shows the suspect, Montavia Smith, lying on his belly with his arms outstretched, indicating surrender. Officer Malagon is seen punching Smith despite him not resisting. Internal Affairs Commander Major Damon Ballard confirmed that the actions seen in the footage were inconsistent with Cobb County Police policy.
Actions and Violations
Officer Malagon was terminated for unreasonable use of force and other policy violations. Officer Noah Mack was fired for making false statements in his incident report, falsely claiming that Smith was tackled and omitting critical details of the arrest. Chief Steuart VanHoozer emphasized that the decision to terminate both officers was made carefully and prayerfully.
Ongoing Investigation and Charges
The Georgia Bureau of Investigation (GBI) reviewed the incident and submitted their findings to the Cobb District Attorney’s office. The case will be presented to a grand jury. Montavia Smith currently faces misdemeanor charges, including drug possession, obstruction, and tampering with evidence. The investigation into the case continues.
Conclusion
The Cobb County Police Department’s response to this incident highlights the importance of accountability and transparency within law enforcement. The upcoming grand jury review will further scrutinize the actions of the involved officers and determine any potential criminal charges.
