Wrong man arrested in 2019 bank robbery sues Ogden police
OGDEN — A Harrisville man, arrested for a 2019 bank robbery and freed later after the real perpetrator was caught, has filed a civil rights lawsuit against Ogden police.
Detectives arrested Kerry Maw on June 4, 2019, after a robbery at the Wells Fargo Bank branch at 4301 Harrison Blvd. based on what they said were close similarities between a man in bank security photos and a photo of Maw. Harrisville police had suggested to Ogden officers that Maw resembled the man photographed by surveillance, the suit said.
Ogden detectives did not run through the state motor vehicles database the description of the robber’s getaway vehicle, an older green Dodge Ram pickup, the lawsuit alleged.
That step would have led to the identification of Anthony Thomas Murdzak of Logan, the suit said. The same bank was robbed three weeks later, police tracked down Murdzak with vehicle database information and the Logan man admitted to both robberies, the suit said.
The Weber County Attorney’s Office dropped charges against Maw, and Murdzak later was convicted in both robberies and sentenced to federal prison.
An attorney for Maw filed suit June 4 in U.S. District Court in Salt Lake City. The suit claims Ogden police were guilty of intentional misconduct and also allegedly violated Maw’s rights during his arrest.
The Ogden Police Department did not respond to a request for comment on the suit. It is common practice for government entities not to comment on new litigation. The two detectives named in the suit and Ogden City have not yet responded to the suit in court.
The suit alleges detectives violated Maw’s Fourth Amendment rights by allegedly not investigating basic evidence. Had detectives known “that Murdzak was a registered owner of a vehicle matching the suspect’s getaway vehicle and Murdzak’s driver’s license photo matched that of the June 4, 2019, bank surveillance photo of the robbery suspect,” the suit alleged, Maw “would never have been considered as a potential robbery suspect.”
In a police report, a detective said he matched facial characteristics, such as a “very unique” ear shape in the bank surveillance photo and Maw’s driver license photo, according to the suit.
The suit further alleged police did not obtain an arrest warrant before apprehending Maw in his home on the evening after the robbery.
Maw’s arrest attracted widespread publicity that today still haunts him, the suit said. The suit seeks damages for physical and mental pain and suffering, loss of business, opportunities and reputation, financial devastation and other effects.