But the man's family says the case is not over.
The investigation by the Frederick County Grand Jury into the death of a New Market man after a struggle with three sheriff's deputies has concluded. State's Attorney Charlie Smith says the panel has decided not to issue indictments against the three. "The Grand Jury's decision in this particular case was that they felt that no further investigation was necessary to make a decision on the criminality of the deputies' conduct, and therefore they are choosing not to continue their investigation and close their investigation into this matter," Smith said, during a news conference with reporters Friday afternoon in front of the County Court House.
Robert Saylor, 25, died on January 12th, 2013 after struggling with three off-duty deputies working security at the Westview Promenade. They were called to the Westview Cinemas because Saylor, who had down syndrome, refused to leave after being asked to do so, according to a news release from the State's Attorney's Office. Authorities say Saylor was verbally and physically resistant to the deputies.
The deputies struggled with him, and placed him in three sets of handcuffs. Saylor had a medical emergency and cuffs were removed. He was taken to Frederick Memorial Hospital, where he was pronounced dead.
Smith says this account came from 17 eyewitnesses, who wrote out what they saw and heard, and that included Saylor's 18-year-old caretaker.
Saylor's body was taken to the State Medical Examiner's Office, which determined the cause of death was asphyxia, and the manner was homicide, at the hands of another.
Smith says Saylor had other medical problems besides down syndrome. "The individual was already compromised by his down syndrome, obesity, body habitus, heart disease, making him more susceptible to sudden death in stressful conditions, which would compromise his breathing," says Smith.
He also said the deputies used force to remove Saylor, but it was not excessive. "At no point in time, did our investigation, our review of the file, indicate that the deputies hit or kicked Mr. Saylor in any way," he says. "They didn't use any force at the neck, or above the shoulders or head of Mr. Saylor. And the only police equipment that was utilized in the course of this occurrence were handcuffs."
The deputies involved are Lt. Scott Jewel, Sgt, Rich Rochford and Deputy First Class James Harris. All there have been put on administrative leave with pay pending the closure of this case.
"The inquiry that took place that night is not going to stop here," says Sharon Krevor-Weisbaum, an attorney for the Saylor family, in reaction to the Grand Jury's decision. She says the Saylor family is very unhappy in the outcome. "They're very troubled and disappointed," she said.
As for the future, Krevor-Weisbaum says the family wants to review the investigative file and autopsy report before deciding what to do next.
During the news conference, the attorney for the three deputies, Patrick McAndrew, said his clients have cooperated with the investigation, giving reports to their supervisors who arrived on the scene the night of the incident. He also said they were anxious to give their account to the Grand Jury, which they did on Friday. "They wanted the citizens of Frederick County in that Grand Jury to hear from them first hand the true facts of this case," he said. "They were afforded that opportunity, and they answered the questions that were put to them."
McAndrew didn't take questions from reporters, and didn't comment on the case, saying there's the possibility of a lawsuit being filed in the future.