HENRY COUNTY, Ga. — It was nearly three years ago when former Henry County police officer David Rose was seen in a viral video placing his hands on the neck of former NFL player Desmond Marrow while trying to arrest him after an alleged argument with another driver.
Rose was indicted on charges of excessive force, violation of oath, false official certificates and writings along with making false statements by a grand jury and is awaiting trial on the charges.
Friday morning he was in a Henry County courtroom with his lawyer, trying to get the excessive force charges thrown out. According to Channel 2 Investigative Reporter Mark Winne, Rose told the judge he did not mean to place his hands on Marrow’s neck.
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Lee Sexton, who represents Rose filed a “special demure” to the indictment and argued his client was immune from prosecution for simple battery because as a police officer, he was authorized to use force. Sexton told Judge Holly Veal the reason was because Rose had been told by dispatch Marrow had a gun, which it turns out he didn’t.
Marrow’s attorney maintains his client did nothing wrong.
Rose has said from the beginning he didn’t choke Marrow, instead saying he was off-balance and Marrow had rolled onto him when the video showed his hand on Marrow’s neck.
“He mischaracterized why he applied pressure to his neck, why he grabbed his neck and how his hands ended up on his neck,” said Henry County D.A Darius Patillo.
Rose maintains ego, adrenaline or both may have led him to exaggerate his role. His attorney says the other charges his client faces don’t give enough specifics for them to defend.
“This defendant is sufficiently apprised of what he must be prepared for in this case,” the D.A added.
Judge Veal agreed with Patillo and denied Rose’s request for the demure.
Cox Media Group