No Charges Filed in October Officer-Involved Death of Kelvin Baker in Hagerstown

Attorney General Anthony G. Brown has announced that no criminal charges will be filed against any officers involved in the death of Kelvin Baker, which occurred in Hagerstown, Maryland, on October 26, 2024. The Independent Investigations Division (IID) of the Attorney General’s office conducted a thorough investigation into the incident.

The investigation, which concluded on August 12, 2025, found that the officers involved did not commit a crime under Maryland law. The incident began on the evening of October 26, 2024, when officers from the Hagerstown Police Department and the Washington County Narcotics Task Force were executing a search warrant at an apartment on E. Washington Street in Hagerstown. Upon arrival, officers observed Kelvin Baker, the subject of their investigation, standing on the sidewalk. They approached Baker, conducted a frisk, and placed him in handcuffs before seating him in the rear of a police cruiser. Officers took turns monitoring Baker from outside the vehicle. Approximately 28 minutes later, an officer noticed Baker appeared to be in medical distress. Upon opening the cruiser door, the officer found Baker unresponsive and immediately began administering medical aid, requesting emergency medical services. Paramedics arrived shortly thereafter and transported Baker to a local hospital, where he was later pronounced deceased.

The IID’s investigation included a review of extensive evidence, such as an autopsy report, police radio transmissions, dispatch records, officer and EMS reports, body-worn camera footage, surveillance footage, photographs, department policy, and interviews with witnesses. The autopsy, conducted by the Office of the Chief Medical Examiner, determined the cause of death to be “mixed drug intoxication” with the manner of death classified as an “Accident.” Toxicology tests revealed the presence of cocaine and fentanyl in Baker’s system. The autopsy also noted an obstruction in Baker’s upper esophagus, consisting of plastic bags containing gel capsules positive for multiple narcotics, which contributed to his death. The report also indicated that Baker had a clinical history of congestive heart failure and cardiovascular disease, which were significant contributing factors.

The legal analysis conducted by the IID focused on two potential offenses: Maryland’s Use of Force Statute and Involuntary Manslaughter. The Use of Force Statute requires proof that an officer intentionally used excessive force that was not necessary or proportional, resulting in serious bodily injury or death. The investigation found no evidence that the subject officers used force on Baker. The physical contact noted after Baker was placed in the cruiser, consisting of lifting his shoulder and performing sternum rubs, was determined to have been initiated for the purpose of administering aid.

Regarding involuntary manslaughter, which requires proving gross negligence that caused death, the IID examined whether the officers were negligent in failing to observe Baker’s medical distress. The report indicated that Baker was alert and mobile when initially encountered and that there was no reason for officers to believe he was in medical distress while in the cruiser. The officers monitored Baker from outside the vehicle, and no indication of distress was observed until Sergeant Steve Lucas opened the door and found Baker unresponsive. EMS was called immediately, and aid was rendered by officers until paramedics arrived. The investigation concluded that the officers’ conduct did not demonstrate a wanton and reckless disregard for human life.

The IID’s mandate is to investigate police-involved incidents resulting in death or serious injury. The division has exclusive authority to prosecute if sufficient grounds exist. In this case, after a thorough review of all evidence, the Attorney General’s office determined that the standard for prosecution could not be met.

Article by Mel Anara, based upon information from the Maryland Office of the Attorney General

The title of this article was updated to correct a misspelling of Baker’s name

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