PHILADELPHIA (KYW Newsradio) — A judge has dismissed all criminal charges against a former Philadelphia police officer who was accused of pepper-spraying protesters on the Vine Street Expressway last summer.
During a preliminary hearing on Monday, a Philadelphia judge said there was “no evidence of a crime” in the case of former SWAT Officer Richard P. Nicoletti.
Cellphone video shows a SWAT officer spraying kneeled protesters in their faces with pepper spray and “violently” throwing one onto their back. Video also appears to show the officer pulling down a protester’s mask before he pepper-sprayed them.
Chaos ensued after demonstrators swarmed I-676 during a Black Lives Matter protest, one of many that came in the wake of the death of George Floyd.
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Officials said that officer was Nicoletti. He was later charged with simple assault, recklessly endangering another person, and official oppression.
However, Fred Perri, Nicoletti’s defense attorney, said his client did not break any laws.
“We argued to the court that Officer Nicoletti was carrying out his duties as a SWAT officer and that the unit was directed to clear the highway, and whatever was done on behalf of those duties certainly did not rise to the level of criminal activity,” he said.
Judge William Austin Meehan Jr. agreed, saying it was Nicoletti’s training.
In a statement, Philadelphia District Attorney Larry Krasner said he still intends to “vigorously pursue charges.”
“The people want and deserve justice and change, including police accountability, even though some institutional players are in denial. We will stay the course,” he said.
Perri said he will continue to defend Nicoletti if charges are re-filed.