“He started screaming in joy over the phone,” Marrow’s attorney, Chris Stewart, told the Daily News after the Henry County district attorney also said a felony charge against his client had been dropped over his brutal road rage arrest last year.
Video of Marrow’s Dec. 2 arrest showed a group of officers slamming his head into the back of a truck in a McDonough parking lot. The video, which was taken by an anonymous bystander, showed Officer David Rose choking Marrow, 29, and pressing his head against the ground, seemingly making him lose consciousness.
“I can’t breathe!” the former Tampa Bay Buccaneers and Houston Texans player can be heard screaming in the recording, echoing the final words Eric Garner uttered after an NYPD officer put him in a fatal chokehold in 2014.
Henry County Police Chief Mark Amerman said he fired Rose because, in addition to using “unnecessary force,” he was caught on his own dashcam saying he would leave certain damning details out of his police report.
“Officer Rose was recorded stating that he choked Mr. Marrow,” Amerman said in a statement. “He was also recorded stating that he was not going to write that information in his report.”
Henry County District Attorney Darius Patillo said it was his duty to drop several of the charges against Marrow, which included felony obstruction of an officer and making terroristic threats.
“We have reviewed the police reports, witness statements, 911 calls, audio and videos, as well as interviewed witnesses, and determined there is insufficient evidence to present any felony charges to a grand jury,” Patillo said in a statement.
Patillo added his office had transferred Marrow’s misdemeanor charges of reckless and aggressive driving to a solicitor general for review.
Marrow’s harrowing arrest occurred after someone threw a cup of coffee on his windshield while he was driving on an interstate near his home. The ex-footballer chased after the unidentified driver, ending up in a shopping center parking lot.
A bystander caught the arrest that ensued on video and provided cops with the recording the very same day, according to Stewart.
But Stewart said police didn’t act on the recording until the bystander also sent it to Marrow last month. The video went viral after Marrow posted it on his Instagram page, prompting Patillo to open an investigation amid widespread outrage.
Stewart said his client has suffered severe headaches since his arrest. He’s currently seeing a neurologist to determine whether he suffered any brain damage from the forceful arrest, Stewart said.
Stewart says he has notified local officials that his client intends to file a lawsuit, unless the county is prepared to settle the matter outside of court.
The attorney, who has defended a number of other high-profile police brutality cases, including the deaths of Alton Sterling and Walter Scott, said he was encouraged by Henry County’s swift response.