Towson, Md. (WJZ)– The Baltimore County officer accused of a dirty take-down took the stand in court Wednesday.
The cop says he was playing by the rules when cameras captured him kicking a car thief.
Christopher Spivey is fighting allegations of using excessive force in day two of his trial. Two key questions asked were: was it too much and why wasn’t it documented?
The accused officer, for the first time, walked jurors through helicopter video from January 25 that showed him kicking a suspect three times during an arrest.
He explained why he used the kind of force that the prosecutor argued was too much.
“Officer Spivey, when you delivered each of the strikes did you do it with malicious intent?” Spivey’s attorney asked while he was on the stand.
“No, sir,” Spivey responded.
“Why did you do it?” the defense attorney asked.
“Non-compliance,” Spivey said.
“Did you spit on this young man?” the defense attorney asked.
“No, sir. I’ve never spit on anyone in my life,” Spivey said.
The man at the receiving end was 20-year-old Diamontae Farrar.
Farrar stole a car outside a Wegman’s, then later that night led police on a car chase, then a foot chase, before hitting the ground and surrendering, prosecutors said.
The second officer on scene testified Wednesday that Farrar continued to struggle as officers tried to cuff him.
The defense says when he did give up his hands, Officer Spivey and another officer stopped striking him.
The State questions why isn’t there a report to outline all of it.
“Police work is his life. That’s all he ever wanted to do. And for the last nine months he’s been under this cloud,” defense attorney Brian Thompson said.
Officer Spivey also told jurors that he knew he was on video during the pursuit and the arrest because he’s worked with the chopper before and because other responding officers may have had on body cameras. He says that didn’t change his actions that night.
The case will likely go to a jury Thursday.