PHILADELPHIA (KYW Newsradio) — A Philadelphia judge on Tuesday upheld assault and official oppression charges against the former Philly SWAT officer who was filmed spraying protestors on the Vine Street Expressway during George Floyd-related protests last summer.
A lower court judge had dismissed the case this past spring.
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Prosecutors argued Richard Nicoletti was unnecessarily aggressive, and there was “no reason whatsoever” he should have fogged protestors on I-676 with pepper spray, knocking over one and pulling the mask and goggles off others.
They showed videos from social media showing Nicoletti, 36, spraying three kneeling protesters, and used testimony from those who were sprayed, and they read police directives for when and how to use force, different for SWAT officers than patrol officers.
The defense called it muddled and confusing. They called police commanders to testify, including a sergeant who trains SWAT officers and said the officer should "remove barriers from a subject" to allow the pepper spray to work, like pulling down a face mask or pulling off goggles.
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The defense pointed to what they say was “the city’s lack of planning and preparedness.” They said Nicoletti is the scapegoat, and that if he’s facing criminal charges, leaders from the city should be his co-conspirators.
The Philadelphia District Attorney's Office refiled charges after another judge dismissed the case last spring, because he said there wasn’t enough evidence of a criminal act.
Before the hearing started, Judge Crystal Powell Bryant noted that Nicolletti attorney Fred Perri had contributed to her previous campaign. The district attorney's office didn’t object to the judge still hearing the case.
Nicoletti is due to be formally arraigned next month. The complainants are also part of a lawsuit against the city.
Read full statements from both the Philadelphia District Attorney's Office and the Fraternal Order of Police.
First, from District Attorney Larry Krasner:
“Today, a Court of Common Pleas judge helped ensure that my office is able to apply evenhanded and equal accountability to people who unlawfully inflict harm on others – regardless of their title, status, or official position with the City of Philadelphia. We will continue to proceed with criminal prosecution of former PPD officer Richard Nicoletti, whose actions on June 1, 2020, on I-676, were captured on video and widely shared and viewed by Americans and people around the world.
“Speaking broadly, public confidence in institutions is eroded when people are told by powerful, largely unaccountable figures that something they’ve seen with their own eyes did not actually occur, or is only a problem when just certain people are the doers. The largest and most sustained mass protests against racial and social injustice in American history occurred last year because the people who watched the torturous murder of George Floyd, caught on camera, exercised their constitutionally protected right to protest when told once again not to trust their lying eyes.
“I am grateful today that a Common Pleas judge watched the same video millions of us watched last summer and agreed that this matter should be pursued and resolved in a court of law."
This statement follows from Fraternal Order of Police No. 5 President John McNesby:
“Once again, it must be re-election time for DA Larry Krasner as he continues to issue press releases on filing criminal charges against Philadelphia police officers. Krasner refuses to hold dozens of unlawful protesters accountable, those who set fire and looted our great city. This double-standard of justice is unacceptable. We will continue to provide an appropriate defense for officer Nicoletti as this case moves forward.“
