Ex-Baltimore Police officer who failed to prevent assault has conviction overturned
Dylan Segelbaum
The Baltimore Banner
July 31, 2025
The Maryland Supreme Court has overturned the conviction of a former Baltimore Police officer who failed to prevent a suspect in an assault from attacking a man lying on the ground, ruling that prosecutors were unable to prove that law enforcement had a legal duty to act.
Baltimore Circuit Judge Kendra Y. Ausby in 2022 found former Officer Christopher Nguyen, 30, guilty at a bench trial of reckless endangerment.
On Aug. 12, 2020, Nguyen responded to a call on Kolb Avenue near Belair Road in Northeast Baltimore about two men fighting. Wayne Brown was lying face down on the sidewalk, unresponsive and covered in blood.
Nguyen spoke with Kenneth Somers, who told him that he beat up Brown for stealing his car.
When Nguyen was asking Somers follow-up questions, he walked over to Brown and kicked him in the face
In a 6-1 decision on Wednesday, Justice Brynja M. Booth wrote for the majority that prosecutors had failed to prove the charge beyond a reasonable doubt.
“For the reasons set forth herein, we hold that the State did not prove that police officers have a legal duty to prevent a member of the public from committing a spontaneous and unforeseeable assault against another member of the public,” Booth wrote in the 36-page majority opinion.
Meanwhile, Justice Shirley M. Watts wrote in a 30-page dissenting opinion that she believed that Nguyen had a duty to protect Brown, describing the failure to act as “obviously reckless.”
Nguyen testified that he was by himself and felt overwhelmed. In hindsight, he said, he would have taken different steps.
Somers, 44, of Dundalk, was later found guilty in Baltimore Circuit Court of first-degree assault and reckless endangerment and sentenced to seven years in prison.
Todd Hesel, Nguyen’s attorney, said his client was “very happy and relieved to have this weight off him.”
Since he was in high school, Nguyen wanted to become a police officer. He admitted that he made a mistake, Hesel said.
“I can confidently say it did not warrant a criminal prosecution,” Hesel said. “It’s unfortunate that we had to go through two appeals to get there, but I think we got the right result, without a doubt, at the end of the day.”
Baltimore State’s Attorney Ivan Bates “felt this case was unfair to law enforcement, as it looked to hold them accountable for other individuals’ actions,” said his spokesperson, James Bentley.
Prosecutors, he said, cannot retry the case.
At the time, Mike Mancuso, president of the Baltimore City Lodge No. 3 Fraternal Order of Police, slammed former Baltimore State’s Attorney Marilyn Mosby for bringing the case.
“She never ceases to amaze as she continually exhibits her disdain of law enforcement,” Mancuso wrote in a letter to members.
Ausby initially sentenced Nguyen to serve one year in jail, with all but 60 days suspended, plus 18 months’ probation.
But several days later, Ausby changed her mind. Nguyen did not have to serve any time.