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INDICTMENT
COUNT ONE
Introduction
2. Defendant GUY GERSTEL was an officer with the Baltimore City Police
Department.
3. Defendant WAYNE THOMPSON was a sergeant with the Baltimore City Police
Department.
4. B.R., a person known to the grand jury, was a seventeen year-old male who was
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.
7. B.R. was handcuffed, shackled, and transported from the arrest scene to a police
station.
The Charge
GREGORY MUSSMACHER,
defendant herein, while acting under color of law, physically assaulted B.R. by hitting him in the
face 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
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 Indictment
are hereby realleged and incorporated by reference as though fully set forth herein.
GUY GERSTEL,
defendant herein, while acting under color of law, physically assaulted B.R. by hitting him in the
back with a pool stick, 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
18 U.S.C. § 242
COUNT THREE
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 Indictment
are hereby realleged and incorporated by reference as though fully set forth herein.
GUY GERSTEL,
defendant herein, knowingly and willfully made materially false, fictitious, and fraudulent
statements and representations as to a matter within the jurisdiction of the Federal Bureau of
Investigation (“FBI”), an agency of the executive branch of the Government of the United States.
More specifically, defendant GUY GERSTEL told a Special Agent of the FBI that he did not strike
B.R. on the back with a pool stick on or about April 27, 2004, when in truth and in fact, as defendant
then well knew, he did strike B.R. in the back with a pool stick.
18 U.S.C. § 1001
COUNT FOUR
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 Indictment
are hereby realleged and incorporated by reference as though fully set forth herein.
GUY GERSTEL,
defendant herein, did knowingly engage in misleading conduct towards judicial officers presiding
over a criminal matter in the court system of the state of Maryland, with the intent to hinder, delay,
and prevent the communication to a federal law enforcement officer and judge of information
relating to the commission and possible commission of a federal offense; that is, defendant GUY
GERSTEL testified as a witness in a state proceeding and made a false statement that, at the time
of his arrival at the scene of B.R.’s arrest, the only officers present were defendant Sergeant
WAYNE THOMPSON, defendant Officer GREGORY MUSSMACHER and “the lady operating
the wagon.” In truth and in fact, defendant GUY GERSTEL knew that law enforcement officers
B.E. and A.F. were present at the scene of B.R.’s arrest on April 27, 2004.
influence and delay an investigation into a Federal Bureau of Investigation matter by impeding the
transfer of information to federal law enforcement officials regarding the possible commission of
18 U.S.C. § 1512(b)(3)
COUNT FIVE
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 Indictment
are hereby realleged and incorporated by reference as though fully set forth herein.
WAYNE THOMPSON,
defendant herein, knowingly intimidated and corruptly persuaded B.E. and A.F., and attempted to
do so, and engaged in misleading conduct toward another person, all with intent to hinder, delay,
and prevent the communication to a federal law enforcement officer and judge of information
relating to the commission and possible commission of a federal offense; that is,
complete any reports concerning an incident they witnessed involving Defendant GREGORY
MUSSMACHER’S use of force during the arrest of B.R., and corruptly encouraged them to deny
having witnessed the arrest; and Defendant WAYNE THOMPSON misled authorities when he
submitted a use of force report, dated April 27, 2004, from which he omitted the fact that defendant
GUY GERSTEL had hit B.R. in the back with a pool stick. Defendant WAYNE THOMPSON
took these actions in an attempt to prevent and impede the transfer to federal law enforcement of
truthful information about the incidents, including information related to a possible commission of
18 U.S.C. § 1512(b)(3)
COUNT SIX
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 Indictment
are hereby realleged and incorporated by reference as though fully set forth herein.
GREGORY MUSSMACHER,
defendant herein, knowingly made false entries in a Baltimore City Police Department Event Report
and a Baltimore City Police Department Use of Force Report, relating to the arrest of B.R., with the
intent to impede, obstruct, and influence the investigation and proper administration of a matter
within the jurisdiction of the FBI and the Department of Justice, agencies of the United States, and
included in his reports a false description of the circumstances surrounding the arrest of B.R. and
18 U.S.C. § 1519
_______________________________
ROD J. ROSENSTEIN
UNITED STATES ATTORNEY
A TRUE BILL:
_______________________
Foreperson
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Date