WASHINGTON — Prosecutors in Montgomery and Howard counties say there’s a lack of trust in the criminal justice system, especially among communities of color. And to repair and build that trust, the two counties will exchange cases when someone dies while in police custody, whether it’s the result of a police shooting or some other circumstance.
“All use of force cases resulting in death will no longer be prosecuted by prosecutors in the county where the death occurred,” Montgomery County State’s Attorney John McCarthy declared on Monday.
McCarthy says the agreement between Montgomery and Howard counties isn’t the result of a specific case. Rather the prosecutors recognize that faith in policing and the criminal justice system is weak in some communities across the country and the region.
He and Dario Bracolino, the Howard County state’s attorney, began working on the arrangement before “anything that has occurred in the state of Maryland and in Baltimore,” McCarthy says.
Bracolino explained how the exchange of cases would work. A Howard County prosecutor would review and present such cases to juries in Montgomery County, for example.
Such outside reviews aim to increase the impartiality of the justice system.
And the new policy is part of an effort to instill trust “particularly from people from the minority community,” McCarthy says.
“Because, quite candidly, we know from studies, they don’t think they’re going to get a fair shake,” McCarthy says.
McCarthy and Bracolino said while the current arrangement is just between Howard and Montgomery counties, they’d both be happy to see other counties join in the exchange. McCarthy said neighboring jurisdictions, including Prince George’s County, have been made aware of the new policy and are welcome to join.
Vernon Ricks, representing the local NAACP, says building trust is the most important thing.
“I think we have a good police department, and I think that we have a good chief and command staff,” Ricks says of Montgomery County. “Sometimes you have to be concerned whether all of the message gets down to” each and every officer on the street.
One case has already been transferred to Howard County prosecutors. Dajuan Graham, 40, died two days after he was stunned by Montgomery County police last month.
On May 10, police were called to Castle Boulevard not far from the Briggs-Chaney Shopping Center, for a call about a man who was acting erratically and standing in the middle of Castle Boulevard. Police used a Taser to arrest Graham after he reportedly punched a woman who was trying to get him out of the middle of the road.
In the police account of the altercation, Graham was combative, and believed to have had PCP in his system. When Graham refused to take his hands out of his shorts pockets, police stunned him with a Taser.
Graham was “placed in the recovery position” and taken to Holy Cross Hospital. He was transferred to a cardiac care area when his heart rate became elevated on May 11. The next evening, according to the police account, Graham suffered a “medical event” and died, according to the police account.
Police shootings in Ferguson, Missouri, and the death of Freddie Gray in Baltimore sparked public outrage and have raised questions about police tactics and the cultural disconnect between police and those they serve.
WTOP’s Kate Ryan contributed to this report from Rockville.
