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Officers Convicted in 2020 Fatal Police Pursuit Sue U.S. for Malicious Prosecution After Trump Pardons

Two former Metropolitan Police Department officers filed a civil lawsuit Monday seeking damages for malicious prosecution after their convictions were vacated following presidential pardons.

Washington Examiner
1 source·Jun 8, 5:50 PM·2m read
Officers Convicted in 2020 Fatal Police Pursuit Sue U.S. for Malicious Prosecution After Trump PardonsWashington Examiner
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Terence Sutton and Andrew Zabavsky filed a civil lawsuit against the United States on Monday in federal court in Washington, seeking damages for malicious prosecution, false arrest, and false imprisonment. The officers were convicted in connection with the 2020 death of Karon Hylton-Brown, a 20-year-old moped rider fatally struck by a civilian vehicle while fleeing police in Northwest Washington.

A federal jury convicted Sutton of second-degree murder, conspiracy to obstruct justice, and obstruction of justice, and convicted Zabavsky of conspiracy and obstruction.

Sutton received a 66-month prison sentence, and Zabavsky received a 48-month sentence. President Donald Trump issued full pardons to Sutton and Zabavsky in January 2025. Their convictions were vacated and the Department of Justice moved to dismiss the indictments early in 2025.

Both officers were reinstated to the Metropolitan Police Department, though Zabavsky has since retired. The lawsuit alleges the Justice Department under former President Joe Biden maliciously prosecuted the officers to satisfy political demands during intense anti-police unrest. Hylton-Brown’s death sparked days of protests outside MPD’s Fourth District station in summer 2020.

The complaint states federal officials came under pressure to hold officers criminally responsible. Sutton and Zabavsky were members of MPD’s Crime Suppression Team assigned to Kennedy Street, an area the lawsuit notes the DOJ later described as a hub of violent gang and drug activity linked to the Kennedy Street Crew.

The officers attempted to stop Hylton-Brown after receiving information that he had been involved in a gang-related dispute earlier that day.

The complaint describes Hylton-Brown as a validated gang member with 21 prior arrests, including arrests involving firearms, armed robbery, and drug offenses. Federal prosecutors argued Sutton conducted an unauthorized pursuit that culminated in Hylton-Brown’s death and that Sutton and Zabavsky helped conceal the circumstances.

The prosecution used a novel legal theory charging Sutton with second-degree murder under a “depraved heart” theory because the pursuit allegedly violated MPD policy.

The lawsuit names FBI Special Agents Luke Brunot and Jynika Craig and DOJ Special Agents Sean Ricardi and Mark Fitzgerald as officials who drove the investigation. Sean Ricardi is accused of helping secure the indictment, testifying before the grand jury, assisting prosecutors throughout the trial, and influencing major decisions.

Ed Martin described the prosecution as a “bogus charge,” said the officers had been “wrongfully convicted,” and argued that the prior administration “chose politics over police” in the aftermath of the 2020 unrest.

The plaintiffs contend those statements amounted to an acknowledgment by senior DOJ leadership that the prosecution lacked a proper legal basis. The officers are seeking compensation for lost wages, legal expenses, reputational harm, emotional distress, and the years spent defending themselves.

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