PHILADELPHIA (KYW Newsradio) — A Philadelphia police inspector and his brother, a county detective who works on the Gun Violence Task Force, have been charged with assault and conspiracy. They are accused of running down and assaulting a man with Asperger’s syndrome last summer.
District Attorney Larry Krasner says 52-year-old James Smith and 53-year-old Patrick Smith tracked the 27-year-old man on August 19, 2020, when they were both off duty, allegedly telling him they were with the town watch.
"They are [further] alleged to have chased the victim on foot, grabbed him, pushed him and slammed him into a wall and pushed him to the ground. This activity caused a black eye and abrasions on the back of the victim’s head, elbows and knees," Krasner said on Thursday.
The alleged incident happened in a Northeast Philadelphia shopping center parking lot at Fairdale and Knights roads. Krasner says the brothers made reports about it the next day, saying they suspected the 27-year-old of breaking into cars.
"Obviously it’s very disturbing that anyone -- in this case, two very high-ranking police personnel -- believes its OK to act as vigilantes," Krasner said.
Prosecutors say there are no eyewitness accounts or viedo evidence of the alleged incident.
"The charges against Inspector James Smith are disturbing, and allege behavior that is in stark contrast to everything that society expects of its police officers," Commissioner Danielle Outlaw said in a statement from the Philadelphia Police Department. "The anger that these acts of betrayal cause are felt by all, especially officers who carry out their duties with the utmost of integrity."
Reached for comment, John McNesby, president of Fraternal Order of Police Lodge No. 5, defended the pair.
"Once again, DA Krasner is only interested in arresting Philadelphia police officers to save his failing re-election campaign. We support our officers and they deserve a vigorous defense against these baseless charges," McNesby said.
Attorneys for the brothers say the brothers maintain they did nothing wrong.
"We are still reviewing the allegations. We became aware of this issue a few days ago. It is still something we are looking into, but we look forward to clear Inspector Smith’s good name," said Fred Perri, who represents James Smith.
James is a 30-year-veteran of the department, and Patrick worked as a Philly detective before retiring and moving to the county level.
While the DA's office denies Patrick works as a county detective, the Office of the Attorney General says he is part of the gun violence task force, a joint operation between the two offices.
Patrick is on administrative leave pending the outcome of the case, and James is suspended with the intent to dismiss.