Bodycam footage from last year shows a Georgia police officer beating an unarmed Black man as he was on the ground trying to comply with orders to be taken into custody.
WSB-TV spoke with Cobb County officials about that video showing an arrest on Aug. 19, 2023, near the Six Flags Over Georgia parking lot.
Late that night, police responded to reports that some people were pointing guns at each other near the amusement park.
Bodycam video caught the moment several officers ran toward Montavious Smith as he was lying facedown on the ground of the parking lot to surrender. One cop bends down and pulls Smith’s arm up, then pushes him back down and begins punching him repeatedly while more officers forcefully restrain him.
Smith is heard yelling, “Please stop!” as the cop pummels him. “I’m underage! Please don’t kill me!”
Smith never resisted the force officers used.
When Smith asks, “Why did y’all punch on me?” one officer responds, “Because you didn’t listen.” As Smith apologizes, the officer yells, “Yeah, listen next time!”
An incident report stated that the officers “tackled” Smith, but an internal affairs commander said that wasn’t the case. Major Damon Ballard confirmed that Smith was trying to surrender and the beating was against department policy.
An internal affairs investigation was launched after a police supervisor found the bodycam footage last year.
Nicholas Malagon, the cop who punched Smith, said in a police interview that he was unsure if Smith had a firearm, and when he tried to detain him, Smith pushed up from the ground and tried to fight him.
Ballard rejected that allegation, stating Smith didn’t try to fight anyone and didn’t have a firearm.
Noah Maack, the officer who wrote the incident report, was questioned about his use of the word “tackle.” Maack admitted the phrasing he used didn’t accurately depict the police encounter with Smith and that he could have used a different word.
Both Malagon and Maack were fired from the force.
Malagon was let go for unreasonable use of force and other policy violations. Maack was also fired for writing false statements in his incident report, including the fact that Smith was tackled.
Smith was charged with misdemeanors, including obstruction or hindering law enforcement, tampering with evidence, and one drug charge, but the Cobb County Solicitor’s Office is still reviewing his case.
The Cobb County police chief turned the case over to the Georgia Bureau of Investigation to determine whether criminal charges should be filed. GBI agents completed their investigation last year and submitted their findings to the district attorney’s office.
A grand jury is slated to review the case this year.
