Vanessa Junkin
A judge found a Salisbury
police officer made an unlawful arrest of a teen – who is involved in a lawsuit
against the city – at a hearing Monday.
Wicomico County Circuit Court
Judge Leah Jane Seaton's finding, made at a juvenile hearing for Renaldo
Mesadieu, resulted in the 15-year-old Salisbury boy being acquitted on several
charges.
The arresting officer,
Salisbury Police Officer Justin Aita, stopped Mesadieu for riding his bike
without a light and wearing headphones on both ears while traveling on Route 13
in Salisbury. Aita asked him some questions, to which he received suspicious
answers, the officer testified Monday.
After doing a partial search on
the teen, he was about to handcuff Mesadieu when the teen ran away, he
testified. Aita testified Mesadieu punched him and he chased after Mesadieu
before more fighting, he said.
After Seaton determined the
arrest was unlawful, she acquitted Mesadieu on charges of second-degree assault
and obstructing and hindering. The state and defense had agreed based on
Seaton's ruling, charges of resisting a lawful arrest, attempting to escape and
making a false statement to a police officer about identity upon arrest would
not be appropriate, so Mesadieu was acquitted on those charges.
Mesadieu was found involved in
assuming a false identity, operating a bicycle with a headset covering both
ears and riding a bicycle on a highway without a functioning front light. In
juvenile court, a respondent is found "involved" or "not
involved" rather than "guilty" or "not guilty."
A disposition in Mesadieu's
case –– the juvenile version of a sentencing –– will be held in about a month.
Salisbury Mayor Jim Ireton said
the judge's ruling has left an unclear message. Following a debriefing about
what happened, he said he and others plan to seek clarification on where the
line is drawn for probable cause.
Mesadieu's mother, Nathalie
Francois, on behalf of him as a minor, and his aunt, Alexandra Francois, are
plaintiffs in a federal case against Aita and the City of Salisbury. Although
the cases relate to the same circumstances, there is not a cause-and-effect
connection between them.
When asked what Monday's events
meant for the civil case, defense attorney Luke Rommel said it meant "as a
matter of law, there's been a false arrest."
False arrest is one of the
allegations the Francoises have brought against Aita and the city in the
federal lawsuit, in addition to alleging unreasonable seizures and excessive
force, and a count of civil assault against Aita.
It's one of three lawsuits that
Aita and the city face regarding excessive force in unrelated incidents.
Senior Assistant State's
Attorney Richard Catlin said he respected the judge's decision in Monday's
case, but the state's position was that Aita had a valid reason for the arrest.
