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Prosecutor Dropping Charges Against Second Md. Guard

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(AP Photo/Texas Department of Criminal Justice, File)

(AP Photo/Texas Department of Criminal Justice, File)

CUMBERLAND, Md. (AP) — A prosecutor is seeking to have charges dropped against a second Maryland correctional officer accused of assaulting an inmate at the North Branch Correctional Institution near Cumberland.

Garrett County State’s Attorney Lisa Thayer Welch, serving as a special prosecutor, filed paperwork Jan. 31 in Allegany County District Court asking to have the case against Warren Mallow dismissed. His trial is set for Feb. 14.

Welch says a court could find reasonable doubt that Mallow broke the law.

The 26-year-old officer was charged in September after an inmate allegedly was beaten in a cell while handcuffed. The inmate allegedly suffered a broken wrist and had his head slammed into a wall.

Charges were dropped Thursday against co-defendant David Robey.

Both are five-year veterans of the state Division of Correction.

(Copyright 2012 by The Associated Press.  All Rights Reserved.)

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