Baltimore County prosecutors have dismissed the criminal charges against a Baltimore Police officer charged in June with assault and firearms offenses.
Deputy State’s Attorney John Cox said in an email Monday that Thomas Kirby Jr.’s case had been “nolle prossed” Thursday based on prosecutors’ determination that there was “insufficient evidence to proceed to trial.”
Kirby, 38, had faced criminal charges of first-degree assault, a felony, along with second-degree assault and use of a firearm in a violent crime. He was taken into custody on an arrest warrant June 3, court records showed.
Charging documents said Kirby had put a weapon to a woman’s rib cage in late May and told her, “I’m going to shoot you.” The woman also told police about past incidents, including a time last year when Kirby put his “service weapon” to her head while it was loaded and another when he tried to take her phone “by force.”
“Nolle prosequi” is the formal term for when a state’s attorney terminates prosecution and dismisses a charge. Under “nolle pros,” a case could be recharged if “deemed appropriate,” so long as it is within the statute of limitations, Cox said.
Cox did not respond to a question about the nature of the insufficient evidence.
Kirby’s case no longer appears on the state’s public CaseSearch website.
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An attorney for Kirby in a connected civil case did not respond to a request for comment left Monday morning by voicemail and email. A voicemail left at a number listed for Kirby in public records also was not returned.
Baltimore Police said in June that Kirby had been suspended without pay. Police spokesperson Det. Niki Fennoy said Monday that Kirby’s police powers are suspended “pending an internal investigation.”
Kirby was hired by Baltimore Police in 2013, according to a city salary database. He earns a $78,080 salary and took home $94,271 last year.
According to charging documents for the dismissed criminal charges, the woman reportedly told police she was afraid for her life due to Kirby’s “erratic behavior.” Kirby told her she was being dramatic, according to the documents.
She also told police that Kirby had made past threats against his own family members. The charging documents stated Kirby has seven registered firearms.
A 2021 report on police violence and corruption by the ACLU of Maryland said Kirby was in the 90th percentile for complaints and use-of-force incidents by Baltimore Police from 2015 to 2019. He is also included on an internal list compiled by Baltimore City State’s Attorney Marilyn Mosby of officers with “integrity” issues or credibility concerns. The list doesn’t include the reason for credibility concerns, and Mosby has said some on the list might have unsubstantiated complaints.