ROCKVILLE, Md (WDVM) — An officer convicted in a 2019 assault against a handcuffed man had his conviction cleared by a Montgomery County Judge on Wednesday.

Officer Kevin Moris was convicted in late 2019 of 2nd-degree assault and sentenced to two years of probation after he was caught on video slamming his knee into the neck of one handcuffed Arnaldo Persoa.

The Washington Post reports the Circuit Court Judge Nelson Rupp says the assault was “out of character” and an “isolated incident.”

Montgomery County Police says the Office of Internal Affairs investigated the incident and the results were “commensurate with the Montgomery County Disciplinary Process.”

Moris will retain his position as a sworn officer.

“It’s a travesty of justice,” community activist with the Silver Spring Justice Coalition, Carlean Ponder, said. “We also call upon our Police Chief Marcus Jones and our County Executive Marc Elrich to do the right thing and remove this officer from the police force. He’s proven he’s unfit.”

Pesoa filed a civil lawsuit against Moris and Montgomery County back in June 2020 with litigation pending.

MCPD said details regarding the Internal Affairs investigation are considered confidential under Maryland law.