PMC/JB/FC:USAO#20080262

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

UNITED 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 a
GUY GERSTEL * Witness, 18 U.S.C. § 1512; Falsification of
WAYNE THOMPSON * Records in Federal Investigations,
* 18 U.S.C. § 1519)
Defendants *
*
*****

INDICTMENT

COUNT 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 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

arrested 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 used

pepper spray on B.R. at the arrest scene.

7. B.R. was handcuffed, shackled, and transported from the arrest scene to a police

station.

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 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

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 Indictment

are 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 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

use of excessive force by a police officer.

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.

2. On or about October 7, 2008, in the District of Maryland,

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.

2. On or about February 7, 2005, in the District of Maryland,

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.

3. Through his misleading conduct, defendant GUY GERSTEL endeavored to

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

civil rights offense and other federal offenses.

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.

2. On or about April 27, 2004, in the District of Maryland,

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,

3. Defendant WAYNE THOMPSON corruptly encouraged B.E. and A.F. not to

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

a deprivation of rights under color of law and other federal offenses.

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.

2. On or about April 27, 2004, in the District of Maryland,

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

in relation to and in contemplation thereof. Specifically, defendant GREGORY MUSSMACHER

included in his reports a false description of the circumstances surrounding the arrest of B.R. and

how B.R. sustained injuries at the police station.

18 U.S.C. § 1519

_______________________________
ROD J. ROSENSTEIN
UNITED STATES ATTORNEY

A TRUE BILL:

_______________________
Foreperson

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Date