A city homicide detective and a Baltimore County sheriff's deputy were acquitted Tuesday of assaulting a man outside a Govans barbershop in a case that took an unusual path to trial.
Prosecutors said Detective Terry W. Love Jr., 31, and Deputy Michael Herring, 37, were trying to teach Andre Thomas, 43, a lesson Sept. 8, 2007 after he burst into the Detailer Barbershop on York Road and spewed profanities. Three eyewitnesses who pulled over to help Thomas said they watched two men kick and punch him repeatedly.
But defense attorneys noted that Thomas, a bipolar man with a long criminal record, had no significant injuries. They said Thomas had threatened to kill patrons of the barbershop and that Love followed him outside, believing he had a weapon. Thomas swung first, the defense said, leading to an altercation that ended when Love was able to determine that Thomas was unarmed. Herring testified that he helped Love control the incident.
Jurors heard six days of testimony, returning the verdict after a day of deliberations.
"I got my life back," said Love, a second-generation officer whose father is on the force.
However, a spokeswoman for State's Attorney Patricia A. Jessamy said Love will be added to the office's "do not call" list, which means prosecutors will no longer call him to testify in court and effectively limits his activities as an officer.
The case took a convoluted path to trial. Taking advantage of a rarely used power, the state's attorney's office assumed control of the investigation nine days after the incident, according to testimony. Six law enforcement sources with knowledge of the investigation, who spoke on condition of anonymity, said prosecutors got involved at the request of detectives who were worried that the Police Department was trying to quash the case.
"There are many challenges when the Police Department is required to investigate criminal allegations involving fellow officers," Margaret T. Burns, a spokeswoman for the state's attorney's office, said in an e-mail. "When these challenges arise, the deputy state's attorney in charge of police misconduct becomes involved."
Deputy State's Attorney Haven Kodeck questioned witnesses at the city courthouse with the assistance of Detective Joel Hawk, who originally was assigned to investigate the case, and Baltimore County internal affairs deputies. A key witness proved difficult to track down, and sources said the case eventually fell down a list of priorities.
