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April 2, 2009

Cop indicted

Gregory M. Mussmacher is back in the news, to everyone's surprise. He's a Baltimore police officer who in June 2005 was sentenced to a suspended two-year prison term after being convicted of hitting a handcuffed and shackled 17-year-old juvenile in the face and back with an expandable baton in the Northwest District station.

At the time, Mussmacher was suspended without pay. On Wednesday, we got word from the U.S. Department of Justice that Mussmacher (described as a current officer) and two now-retired officers have been indicted in connection with the same case. Mussmacher, former Officer Guy Gerstel and and former Sgt. Wayne Thompson face civil rights and obstruction of justice charges.

Federal prosecutors took over the case after the Mussmacher's conviction was overturned on appeal. The U.S. Attorney's Office alleges that Mussmacher and Gerstel assaulted the youth with a pool stick and that Thompson wrote a false statement and "corruptly" persuaded the other officers "not to fill out required reports about the incident."

A spokesman told The Baltimore Sun that Mussmacher has been suspended with pay for the past five years.

We don't have a full explanation yet but typically the department waits until the criminal case, including appeals, is complete before moving forward with administrative sanctions. In this case, it is probable that they couldn't take disciplinary action until the feds had finished their work. Still, this seems an unusually long time.

The victim in the case sued the city in federal court and won a settlement that has not been disclosed. The complaint filed in the civil division says the youth, Benjamin Ruben Rowland, had an argument with his sister on April 27, 2004, in their apartment. The sister called police and Mussbacher was one of several who responded.

The complaint says Mussmacher found Rowland at a nearby street corner on Reisterstown Road in Northwest Baltimore and arrested him. After the young man complained that the handcuffs wree too tight and talked back to the officer, the complaint says "Mussmacher removed his handcuffs, removed his own gun belt, and offered to fight." The youth declined.

When the boy complained again, the civil complaint says Mussmacher "balled up his fist and violently and maliciously struck plaintiff in the face, as well as spraying mace in his face." At the station, the complaint says Mussmacher hit him again with his nightstick and that Gertsel hit him with a baton or pool cue, "causing even more injuries."

Here is the indictment from federal prosecutors:

MussmacherEtAlIndictment MussmacherEtAlIndictment Peter Hermann

Posted by Peter Hermann at 7:30 AM | | Comments (1)
Categories: Breaking news
        

Comments

this mussmacher guy i have known since we went to high school together.he was picked on and beat up a few times cause of his bad attitude.i knew once he became a police officer he would take out all his anger from when he was a kid on inocent victims.when he came to visit his parents i remember him bragging about how he beat up victims and how he didnt care.his parents always blamed everyone else for there sons misteaks and that they were a bad influence on there son greggary.well who are they gona blame for there sons actions in this beating case.

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About Peter Hermann
Peter Hermann started covering news for The Baltimore Sun in 1990, first in Anne Arundel County and, starting in 1994, reporting on the Baltimore Police Department. In 2001, he was assigned to Jerusalem as the Baltimore Sun's Middle East correspondent. He returned in 2005 as an assistant city editor overseeing crime coverage. In 2008, Peter returned to the beat as a daily reporter and blogger. A recent BBC report featured him in a segment on the harsh realities of covering crime in Baltimore.

Coverage will focus on crime trends, problems in neighborhoods in the city and elsewhere, profiles of victims and police officers and try to offer readers a fresh perspective on one of the most vexing issues facing Baltimore and its future.



Contributing to this blog is Justin Fenton, who joined The Sun in 2005 and has covered the Baltimore City Police Department and the criminal justice system since 2008. His work includes an investigation into Cal Ripken Jr.’s minor league baseball stadium deal with his hometown of Aberdeen, a three-part series chronicling a ruthless con woman, coverage of the killing of five Amish children at a schoolhouse in Nickel Mines, Pa., and a job swap with a British crime reporter to explore differences in crime-fighting. A special report looking into how city police handle rape cases led to sweeping reforms that changed the way sexual assaults are investigated in Baltimore. He was recognized as the best reporter in Baltimore by the City Paper in 2010 and by Baltimore Magazine in 2011.
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