A Montgomery County police officer shown kneeing a restrained person in the back of the head in a video in July is set to go to trial in December.
Kevin Moris, 31, was charged with second-degree assault and misconduct in office for a July 3 incident with a 19-year-old man at the Aspen Hill Shopping Center.
A video shared on Twitter shows an officer, identified by police as Moris, pushing his knee on the back of a person’s head and neck, then pulling him by his hair.
Undercover officers apprehended the suspect in the video, Arnaldo Pesoa, 19, of Silver Spring, following an investigation into the alleged sale of psilocybin mushrooms.
Pesoa was charged with intent to distribute a controlled substance, resisting arrest and assault.
Moris appeared in county Circuit Court on Friday morning for a scheduling hearing, wearing a blue suit, alongside defense attorney Morgan Leigh. Moris did not speak during the brief proceedings.
The defense and state prosecutors settled on Dec. 9 for the five-day jury trial, Montgomery County Assistant State’s Attorney Michael Aubin said.
Circuit Court Judge Sharon Burrell reminded both parties that the try-by date is Jan. 10, 2020. Maryland law dictates the state must try criminal defendants within 180 days of an initial court appearance unless good cause is shown to postpone a trial.
Moris was removed from patrol duty two days after the incident and placed on “administrative duties” while an internal investigation is conducted, police said.
A county police spokesman confirmed Friday morning that Moris remains on administrative duties.
The county state’s attorney’s office publicly declared charges had been brought against Moris about a week after the incident.
“If a police officer acts improperly in Montgomery County, they will be held accountable,” Montgomery County State’s Attorney John McCarthy said at the July 9 press conference.
Charlie Wright can be reached at charlie.wright@moco360.media
