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PMC/JB/FC:USAO#20080262
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MARYLANDUNITED STATES OF AMERICA*CRIMINAL NO. _____________*v. *(Deprivation of Rights Under Color of *Law, 18 U.S.C. § 242; False Statement,GREGORY MUSSMACHER *18 U.S.C. § 1001; Tampering with aGUY GERSTEL *Witness, 18 U.S.C. § 1512; Falsification of WAYNE THOMPSON *Records in Federal Investigations,*18 U.S.C. § 1519)Defendants *******INDICTMENTCOUNT ONE
The Grand Jury for the District of Maryland charges that:
Introduction
1.At all times relevant to this Indictment Defendant
GREGORY MUSSMACHER
was an officer with the Baltimore City Police Department.2.Defendant
GUY GERSTEL
was an officer with the Baltimore City PoliceDepartment.3.Defendant
WAYNE THOMPSON
was a sergeant with the Baltimore City PoliceDepartment.4.B.R., a person known to the grand jury, was a seventeen year-old male who wasarrested by Defendant
MUSSMACHER
on April 27, 2004.5.At the scene of B.R.’s arrest on April 27, 2004, Defendant
MUSSMACHER
handed his service weapon and police badge to another officer with the Baltimore City Police
 
Department, unlocked B.R.’s handcuffs, and challenged B.R. to a fight.6.After B.R. declined the challenge to a fight, Defendant
MUSSMACHER
usedpepper spray on B.R. at the arrest scene.7.B.R. was handcuffed, shackled, and transported from the arrest scene to a policestation.
The Charge
8.On or about April 27, 2004, in the District of Maryland,
GREGORY MUSSMACHER,
defendant herein, while acting under color of law, physically assaulted B.R. by hitting him in theface with a baton, resulting in bodily injury to B.R., and thereby willfully deprived B.R. of the right,secured and protected by the Constitution and laws of the United States, to be free from the use of excessive force by a police officer.18 U.S.C. § 242
 
COUNT TWO
The Grand Jury for the District of Maryland further charges that:1.The allegations set forth in paragraphs 1 through 7 of Count One of the Indictmentare hereby realleged and incorporated by reference as though fully set forth herein.2.On or about April 27, 2004, in the District of Maryland,
GUY GERSTEL,
defendant herein, while acting under color of law, physically assaulted B.R. by hitting him in theback with a pool stick, resulting in bodily injury to B.R., and thereby willfully deprived B.R. of theright, secured and protected by the Constitution and laws of the United States, to be free from theuse of excessive force by a police officer.18 U.S.C. § 242
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