PHILADELPHIA (KYW Newsradio) — A judge has dismissed the case against a former Philadelphia police commander who was seen on video hitting protesters with a baton last summer.
The judge ruled there was a lack of evidence to uphold charges of aggravated assault, simple assault, possession of an instrument in a crime, and reckless endangerment against former Staff Inspector Joseph Bologna.
He was seen in a video, widely circulated on social media, using a baton to strike people in Philadelphia who were protesting against racial injustice and police brutality after the death of George Floyd.
The incident happened near 24th Street and the Parkway on June 1, 2020 — notably, the same day Philadelphia police dropped tear gas on peaceful protesters who made their way onto I-676.
Philadelphia District Attorney Larry Krasner filed charges a few days later. He had said a Temple University student suffered serious head injuries as a result of Bologna.
That student took the stand.
“He admitted under oath today that he intervened in a lawful police arrest and Joseph Bologna reacted as a result of that,” said defense attorney Fred Perri.
He and Brian McMonagle represent Bologna.
“Whatever steps the commonwealth takes in this manner, we will vigorously defend Joe Bologna,” said Perri. “We said from the outset: He didn’t commit a crime and now a judge has said he didn’t commit a crime, so in our opinion, justice has been served and evenly applied to everyone.”
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A spokesperson for the District Attorney’s Office said: “Justice must be applied equally and in an even-handed manner. No one is above the law. We fully intend to pursue this case to a just conclusion.”
Bologna was fired from the force in June 2020, but a spokesperson for the police union said they are working to get his job back.