Montavious Smith (2023)

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News report with body-worn camera footage

In August 2023, Cobb County Georgia Police Department officers Nicholas Malagon and Noah Maack responded to a call of two people pointing guns at each other. Officers located Smith, who laid down on the ground as the officers approached. Malagon punched Smith repeatedly as officers handcuffed Smith.[1][2]

Maack's report said that they tackled Smith, which is contradicted by the video.[1]

In 2023, a police supervisor was reviewing body-worn camera footage and found video from the incident.[1]

The agency opened an Internal Affairs investigation.[1]

The Georgia Bureau of Investigation opened a criminal investigation.[2]

In 2023, the GBI submitted their report to the district attorney's office.[2]

Malagon was fired for unreasonable use of force and other policy violations. Maack was fired for making false statements in his incident report.[1]

On May 1, 2024, the officers were allowed to resign in lieu of termination.[3]

Officers Involved


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