Cobb County

Cobb officers will resign instead of being fired after bodycam of arrest prompts investigation

COBB COUNTY, Ga. — A pair of officers who were initially fired for their involvement in an arrest last year will now resign instead of being terminated.

On Tuesday, Channel 2 Investigative Reporter Mark Winne spoke with Cobb County police officials for the first time about the arrest of Montavious Smith, which led to the firing of two officers: Nicholas Malagon and Noah Maack.

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Winne learned on Wednesday that, formally, the officers will resign from their positions instead of being terminated.

An incident report suggested that the officers “tackled” the suspect to the ground, but Internal Affairs Commander Damon Ballard says nothing on the body camera from the incident supports that claim.

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Malagon was investigated for punching Smith several times, even though he wasn’t resisting arrest. He was removed from the police department for unreasonable use of force and other policy violations.

Maack was removed for making false statements on his incident report, including that officers tackled Smith.

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