Robert C. Nalley
Greenbelt, MD – Former Charles County Circuit Court Judge Robert C. Nalley, 72 of La Plata, will be sentenced March 31 in federal court in Greenbelt for having a defendant in his courtroom electronically shocked after he refused to stop speaking when ordered to do so by the court.
Nalley offered a plea of guilty to the charge of denying a defendant his rights under color of law.
Monday, Feb. 1 in Greenbelt, U.S. District Court Judge William Connelly read the former judge his rights under federal law for the July 23, 2014 tasing of Devlon L. King.
King spoke before the court, telling Connelly that he was “illegally incarcerated” by Nalley.
“He sent me to a place where I was looked at lower than an animal,” King stated. “He did what he did,” he added. “And now he’s here. I don’t believe he should just get a slap on the wrist.”
U.S. Prosecutor Kristy O’Malley told Connelly that sentencing guidelines call for a 12 to 18 month sentence, including a maximum sentence of 12 months because the offense is considered a misdemeanor.
“One year of probation is recommended,” she said.
O’Malley added that Nalley was a Charles County Circuit Court judge from 1988-2013.
A Maryland Court of Appeals decision allowed him to preside over cases in district and circuit court.
The July 2014 tasing of King resulted in Nalley being removed from the bench in September 2015.
“The judge asked the defendant to stop speaking and he continued to read from a prepared statement,” O’Malley said. “Nalley ordered the victim to stop and he continued to speak. He told the deputy to ‘do it, use it,’ and the deputy activated the stun cup.”
She said the deputy moved a chair away from the victim so he wouldn’t hurt himself when he fell.
“He administered the electric shock for a period of five seconds, where the victim fell to the ground and screamed in pain,” O’Malley noted.
She said Nalley intentionally violated the victim’s rights and demonstrated a “reckless disregard” that a defendant should be free from unusual use of force.
Connelly said he would not order a pre-sentencing investigation in the case, and told Nalley he would face sentencing in U.S. District Court March 31 at 10 a.m.
Carl McAdoo of Waldorf, who attended the proceedings as a casual observer, said “Any day you can witness those who sit in a seat of power being held accountable in our legal justice system, that is a day we must celebrate in America.”
Contact Joseph Norris at joe.norris@thebaynet.com
