The Maryland attorney general’s office said Monday that it will not seek charges against two Baltimore Police officers who fatally shot an armed bicyclist during an altercation near the Eastern Avenue ramp of Interstate 95 in January.
Attorney General Anthony Brown will not pursue charges in the police killing of 40-year-old Jamarl Muse, his office’s Independent Investigations Division said in a news release.
The IID, which investigates all police-involved fatalities, said it could not establish that the officers’ use of force was disproportionate to the situation, among other reasons cited for not bringing charges.
Around 9:14 p.m. on Jan. 20, seven Baltimore Police officers responded to a domestic call in which people at a home in the 6800 block of Bank Street accused Muse of pulling a gun on them. The individuals, whose connection to Muse wasn’t specified, described Muse’s attire and said he was riding a white bicycle, according to police.
Police, including Sgt. Carlos Arias and Officer Edwin Ruiz, pursued Muse by car, then on foot as he rode the white bike around the Eastwood neighborhood, body camera footage shows. Arias, who has been with the Police Department for 15 years, said in the footage that Muse was traveling the wrong way on the I-95 ramp, likely trying to escape.
According to the AG office’s report, one officer pulled Muse from the bike onto the ground and was joined shortly afterward by another officer. Arias and Ruiz arrived about 20 seconds after Muse was taken to the ground.
As they struggled to cuff the man, officers urged him to stop resisting arrest, though in the footage no officer was heard explaining why they were detaining him.
“Get off of me,” Muse said in the footage. He asked why officers were grabbing him and said, “I’m scared.”
According to the report, as officers tried to grab Muse’s free arm, he fired his Taurus Magnum .357 revolver.
“Shots fired!” Arias called out, and the two initial officers moved away from Muse.
Arias fired five rounds and Ruiz, a three-year veteran, fired at least seven rounds, the report said.
According to the attorney general’s office, Muse was shot 11 times, suffering wounds to his head, neck, right hand and torso. Police rendered aid, but Muse died on the scene.
The report said evidence “shows that the subject officers were not the aggressors in this incident.”
“Muse was armed with a revolver and reportedly threatening others,” the report said. “Muse fled from the police and failed to comply with officers’ commands to stop reaching for his waistband as they attempted to lawfully detain him. Muse drew and fired the revolver while the officers were still trying to grab his arms to detain him. Given these circumstances, we cannot prove that it was unreasonable for Sgt. Arias or Officer Ruiz to believe that their lives or the lives of their fellow officers were in immediate danger.”
Muse’s death was the first Baltimore Police killing this year. Since then, officers have shot four more people, two fatally.
Most recently, Baltimore Police shot Tavon Newton, 35, after a struggle with officers amid an arrest in the Upton neighborhood. Dwight Hawkins, 37, and Jonathan Ingram, 35, were fatally shot by officers in separate incidents. Muse’s shooting was only a day after Baltimore Police shot Autumn Denny, 48, as she wielded a knife amid a mental health crisis at an apartment building in Bolton Hill.







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