Michael Devine
Case Number
*18-000105
Case Dates
July 19, 2018
July 20, 2018
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PRESS RELEASE![]()
FOR IMMEDIATE RELEASE![]()
MAY 15, 2025![]()
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State’s Attorney’s Office Declines Prosecution of Deputy Involved in Use of Force![]()
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Frederick, MD – The Frederick County State’s Attorney’s Office reviewed body worn camera footage from the May 12, 2025 officer-involved shooting pertaining to Frederick County Sheriff’s Office Corporal Gregory Morton at the 300 block of North Market Street in Frederick. Upon reviewing the body worn camera footage and consulting with the investigators assigned to this incident, my Office has concluded that the use of deadly force by Corporal Morton against Cody Berg was necessary and proportional. Therefore, it was legally justified under Maryland law given the standard set by the United States Supreme Court case of Graham v. Connor. As a result, it is our opinion that Corporal Morton did not commit a crime and therefore, no charges will be place against Corporal Morton. We do not opine on lesser conduct and this opinion does not preclude any administrative actions that may be taken by Internal Affairs.![]()
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As Cody Berg has pending criminal charges against him, it is the policy of the Frederick County State’s Attorney’s Office to not release any evidence, including the body worn camera footage, nor provide further comment at this time. The decision to not release evidence, including any verbal or non-verbal statements therein, being used against the Defendant at trial is governed by the Maryland Rules of Professional Conduct, Rule 19-303.6 and Rule 19-303.8 (e), which state in part:![]()
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(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, [prosecutors shall] refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 19-303.6.![]()
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A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. The potential impact of pretrial publicity on a pending prosecution must be balanced against the public’s interest in transparency and police accountability. It is our duty to consider the due process rights of the accused when deciding whether to release, or to advise police departments to release, body-worn camera footage pre-trial. With that said, the existing rules and law prioritize the functioning of our justice system over the public’s right and demand to immediately see and hear the evidence in any case.![]()
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This decision to not release certain evidence at this time is merely temporary. In all police-involved shootings a full declination report disclosing and detailing all the evidence, including body worn camera footage, and the decision-making process as it relates to the use of force will be released by our office upon the conclusion of the pending criminal prosecution.![]()
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Respectfully,![]()
J. Charles Smith III![]()
State’s Attorney![]()
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Press contact:![]()
Jacqueline Rottmann![]()
Court Media Relations Officer![]()
301-600-2972![]()
100 West Patrick Street![]()
Frederick, Maryland 21701![]()
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Frederick County Sheriff's Office, MD - Integrity Driven • Community Built![]()
Frederick Police Department
Assistant State’s Attorney Special Victims Unit, Erin Pearl and Chief ASA Domestic Violence Unit, Brett Engler attended yesterday’s Governor’s signing of House Bill 929/Senate Bill 721, The Permanent Protective Order Consent Bill in Annapolis, MD. Taking effective October 1, 2025, this legislative act will better protect victims of abuse.![]()
The order will allow Defendants to consent to a permanent protective order as part of their plea agreement up front, allowing the victim’s safety to begin immediately. In the past, the victim could not file for the permanent protective order until the Defendant had served a total of at least one year of their imposed sentence. Victims will now receive the security and protection of the Court, and defendants may avoid the risk of trial or a lengthier sentence in exchange for their consent to the permanent protective order. ![]()
Thank you Delegate Karen Simpson for sponsoring the bill and Senator Shaneka Henson ! Thank you ASA Pearl and ASA Engler for your support of this bill and for tirelessly advocating for victims’ rights in Maryland! Governor Wes Moore
Teen Driving Safety Class this summer! No registration required. Contact our Diversion Programs Manager, Lindsay Barnhart with any questions: lbarnhart@stateattorney.us or 301-600-1934. Frederick County (MD) Fire & Rescue