HENRY COUNTY, Ga. — It is a first for Henry County: A grand jury indicted a police officer on charges of using excessive force and lying under oath.
Channel 2 Action News was the first to show the video of officers choking former NFL player Desmond Marrow in December 2017.
Now, 18 months later, Channel 2's Tyisha Fernandes learned there's a new witness in the case.
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A federal police officer who was off duty that day happened to be in the parking lot when the attack happened.
“We believe it’s the first time a Henry County police officer has been indicted for excessive force,” attorney L. Chris Stewart said.
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A grand jury indicted Officer David Rose on five charges, including simple battery and making false reports, after he allegedly lied under oath about the incident.
“They don’t want someone like Rose, who's been to five different departments, working there anymore,” Stewart said.
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Police took statements from several witnesses, but Marrow’s attorneys said they didn’t take a statement from an off-duty federal police officer who was there.
"Both police officers lifted the subject by both legs and bringing him down on his head. I was so shocked to see that happen. Never in my life have I seen that happen, only on TV,” the officer said in the indictment.
[READ: Lawyer: Police tried to cover up excessive force during ex-NFL player's arrest]
Fernandes asked police about the new witness. They told her they couldn’t comment on an open case.
She also asked the district attorney’s office for comment about the new witness, but the office told her the same thing.
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Marrow said that, for nearly two years, he’s been dealing with trauma from that December day and he just wants to move forward and get his civil case on the same incident resolved.
“No money can help me from peeing on myself when I see a cop. I can’t get a new car because I can’t drive. I’m scared, so it is what it is on that,” Marrow said.
[READ: Fired officer says he didn't choke former NFL player -- despite video admission]
There won't be a first appearance for Rose because he was already able to bond out for $21,000.
He will have an arraignment in the coming days.