The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against a sergeant from the Metropolitan Police Department (MPD) who was involved in the February 2023 fatality of B.B., a 35-year-old District resident who died after running off the rooftop of an apartment building in Northwest Washington, D.C.
The U.S. Attorney’s Office and the MPD Internal Affairs Division conducted a comprehensive review of the incident, which included a review of law enforcement and civilian eyewitness accounts, BWC footage, physical evidence, recorded radio communications, forensic reports, the autopsy report, and reports from MPD.
According to the evidence, at about 4:53 a.m. on February 28, 2023, B.B. was on an apartment building rooftop in the 4500 block of MacArthur Boulevard, Northwest, yelling suicidal thoughts. A 911 call brought MPD officers, including Sergeant Travis Maguire, to the rooftop. As documented on their BWC footage, Sgt. Maguire and others spoke with B.B. and attempted to get him away from the edge of the building, ultimately luring B.B. toward them with a cigarette. In an attempt to incapacitate B.B., Sgt. Maguire discharged his ECD (taser) but it failed to take effect. B.B. then ran off the roof.
After a careful, thorough, and independent review of the evidence, federal prosecutors found insufficient evidence to prove beyond a reasonable doubt that Sergeant Maguire used excessive force under the circumstances or otherwise willfully violated B.B.’s rights.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove civil rights violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.