"I will choke you. I will kill you," an officer said to the victim.
Baltimore, Md. (March 29, 2023) – Today, a Baltimore City judge convicted Baltimore Police Department (BPD) officer Maxwell Dundore of Second Degree Assault and Misconduct in Office. Dundore's co-defendant, Sergeant Brendan O'Leary, is scheduled for trial on April 18, 2023, for charges of False Statement and Misconduct in Office.
Officer Dundore faces a maximum sentence of 10 years in state prison for Second Degree Assault. There is no maximum sentence for Misconduct in Office. It is a common law crime that carries no sentencing limit except that it cannot be cruel and unusual. Sentencing is scheduled for June 12, 2023. Assistant State's Attorney Ernest M. Reitz prosecuted this case.
“I campaigned for this office to change the culture of accountability in Baltimore, regardless of status or rank. This conviction exemplifies that commitment and is vitally important in restoring public trust in the criminal justice system by reaffirming that officers who break the law will be held accountable for their actions,” said State’s Attorney Ivan J. Bates. "I want to commend my Public Trust and Police Integrity Unit for this skillful prosecution."
On April 27, 2020, Officer Dundore was on duty, in uniform, and working as a sworn law enforcement officer for BPD when at approximately 9:00 a.m., he responded to the 2800 block of Mayfield Avenue with another BPD officer to investigate the report of a stolen automobile.
When Officer Dundore arrived at the Mayfield Avenue location, Mr. Bobby Adams, a 17-year-old juvenile at the time, was exiting the driver’s door of the reported stolen automobile. Mr. Adams allegedly attempted to flee on foot when Officer Dundore grabbed him at the rear of the reported stolen automobile, and both fell to the ground. Mr. Adams got to his feet, and Officer Dundore then grabbed Mr. Adams around the waist, lifted him off the ground, and slammed him face-down onto the concrete. Officer Dundore landed on top of Mr. Adams’ back.
After slamming Mr. Adams face-down onto the concrete, Officer Dundore wrapped his legs around Mr. Adams and wrapped his left arm around Mr. Adams’ neck. When Mr. Adams struggled to free himself, Officer Dundore increased the force of his hold and stated, “I swear to God, I’ll choke you out if you don’t stop,” as the other BPD officer attempted to secure Mr. Adams’ legs. After Officer Dundore threatened to choke Mr. Adams for his resistance, Mr. Adams began to kick toward the other officer in an attempt to break free. Officer Dundore then held Mr. Adams under his chin near the throat, pulling Mr. Adams’ head backward with both hands.
As Officer Dundore maintained his hold on Mr. Adams’ chin and throat area, Mr. Adams struggled for air. Officer Dundore then stated to Mr. Adams, “I will choke you. I will kill you,” before releasing his hands from Mr. Adams’ neck. By that time, multiple officers had arrived and assisted in securing Mr. Adams in handcuffs as he laid on the ground. After releasing Mr. Adams’ head and neck area, and while Mr. Adams presented no threat to him because he was handcuffed, Officer Dundore pushed Mr. Adams on the right side of his face.