PHILADELPHIA (KYW Newsradio) — Former Philadelphia police commander Joseph Bologna has been found not guilty of assault charges stemming from an incident of civil unrest in summer 2020.
Bologna, 58, was accused of using excessive force when he struck college student Evan Gorski, 25, who was taking part in a demonstration following the murder of George Floyd by Minneapolis police.
Bologna had been charged with simple assault and possession of an instrument used in a crime. His trial began on Tuesday and, by Wednesday afternoon, a jury found him not guilty.
Prosecutors showed video of the interaction between Bologna and Gorski on the Benjamin Franklin Parkway. Gorski said Bologna struck him in the head with his baton, and he needed staples and stitches.
Defense attorneys argued Gorski was interfering with an arrest and had grabbed Bologna’s hand. They said a medical examiner report showed the baton hit Gorski in the shoulder, and the injuries on his head came from Bologna’s helmet when both men fell to the ground.
Prosecutors presented an expert from Utah, who said Bologna used excessive force, but the defense argued against that, saying a police officer can use force they deem appropriate if there's interference with arrest.
Deputy Police Commissioner John Stanford said the Police Department's internal affairs investigation cleared Bologna of any wrongdoing in the case.
Gorski, who received a $140,000 settlement from the city, says he’s disappointed by the verdict.
“I would really appreciate an apology, but understanding the animosity and that people have different perspectives. I am not expecting that,” he said.
Gorski said he is grateful he wasn’t prosecuted and that the district attorney took action against Bologna.
“Although I am disappointed with the outcome and I am not happy with the outcome, I do appreciate there was an effort with me,” Gorski said.
“I would like an apology, really. When it came to the settlement, that is what I asked for first. And when I was told I couldn’t get an apology, that the civil case and the civil system is just for monetary value, that’s really why I ended it in a settlement — because I couldn’t get anything else from the city.”
Bologna’s attorney, Fred Perri, said it comes down to the law: “Finally, somebody took a long, hard look at the law in this case and found that Joe Bologna did nothing other than his job that day.”
It took the jury less than an hour to decide.
“They carefully evaluated the evidence, applied the proper law to the evidence,” Perri said.
He says Bologna is relieved, and may try to get his job back.
“He is going to look at all of his options and he is going to put back the pieces of his life that have been destroyed the last 3 ½ years.”