Vanessa Junkin

vjunkin@dmg.gannett.com

A judge found a Salisbury police officer made an unlawful arrest of a teen – who is involved in a lawsuit against the city – at a hearing Monday.

Wicomico County Circuit Court Judge Leah Jane Seaton's finding, made at a juvenile hearing for Renaldo Mesadieu, resulted in the 15-year-old Salisbury boy being acquitted on several charges.

The arresting officer, Salisbury Police Officer Justin Aita, stopped Mesadieu for riding his bike without a light and wearing headphones on both ears while traveling on Route 13 in Salisbury. Aita asked him some questions, to which he received suspicious answers, the officer testified Monday.

After doing a partial search on the teen, he was about to handcuff Mesadieu when the teen ran away, he testified. Aita testified Mesadieu punched him and he chased after Mesadieu before more fighting, he said.

After Seaton determined the arrest was unlawful, she acquitted Mesadieu on charges of second-degree assault and obstructing and hindering. The state and defense had agreed based on Seaton's ruling, charges of resisting a lawful arrest, attempting to escape and making a false statement to a police officer about identity upon arrest would not be appropriate, so Mesadieu was acquitted on those charges.

Mesadieu was found involved in assuming a false identity, operating a bicycle with a headset covering both ears and riding a bicycle on a highway without a functioning front light. In juvenile court, a respondent is found "involved" or "not involved" rather than "guilty" or "not guilty."

A disposition in Mesadieu's case –– the juvenile version of a sentencing –– will be held in about a month.

Salisbury Mayor Jim Ireton said the judge's ruling has left an unclear message. Following a debriefing about what happened, he said he and others plan to seek clarification on where the line is drawn for probable cause.

Mesadieu's mother, Nathalie Francois, on behalf of him as a minor, and his aunt, Alexandra Francois, are plaintiffs in a federal case against Aita and the City of Salisbury. Although the cases relate to the same circumstances, there is not a cause-and-effect connection between them.

When asked what Monday's events meant for the civil case, defense attorney Luke Rommel said it meant "as a matter of law, there's been a false arrest."

False arrest is one of the allegations the Francoises have brought against Aita and the city in the federal lawsuit, in addition to alleging unreasonable seizures and excessive force, and a count of civil assault against Aita.

It's one of three lawsuits that Aita and the city face regarding excessive force in unrelated incidents.

Senior Assistant State's Attorney Richard Catlin said he respected the judge's decision in Monday's case, but the state's position was that Aita had a valid reason for the arrest.