Activist sues CMPD stemming from incident at George Floyd protest

A Charlotte activist is suing the city of Charlotte and Charlotte-Mecklenburg Police Department Maj. Brad Koch.

The lawsuit stems from an incident during the George Floyd protests in Uptown in 2020, said attorneys for Jamie Marsicano.

Marsicano shoved then-Capt. Koch before they were tackled to the ground and later charged, police said.

The district attorney dismissed the case against Marsicano and expunged the charges last year, attorneys said.

However, attorneys said that case was used to keep Marsicano in jail this year.

“Three years later ... three years later this man is still harassing me,” Marsicano told Channel 9.

Channel 9 reported Marsicano was arrested during protests in March at an Atlanta police training center on domestic terrorism charges.

Koch said during their bond hearing there was a one-million-percent chance that Marsicano would commit a felony if released, Marsicano’s attorneys said.

“Maj. Brad Koch referred to the expunged record and also said hurtful things about Jamie and Jamie’s character,” the attorneys said.

Attorneys said that influenced a judge’s decision, which led to Marsicano staying in jail and paying a $25,000 bond.

Marsicano must also wear an ankle monitor for three months.

Attorneys are suing for defamation, negligence, and violating the state expunction laws.

However, CMPD said the charges against Marsicano were dismissed, but they were not automatically expunged from Marsicano’s record.

Koch is still legally allowed to share his opinion with other agencies even if they had been expunged, CMPD said.

Channel 9′s Gina Esposito spoke with Attorney Scott MacLatchie, who has worked in law enforcement for more than 30 years.

MacLatchie said state law says law enforcement can refer to expunged records in later criminal proceedings.

“The fact that the public record is erased doesn’t mean that all memory and knowledge of the underlying offense somehow evaporate. And I have seen incidents, of course, where agency partners in the criminal justice system, like prosecutors, may share information,” MacLatchie said.

They are asking for $125,000 in damages.

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