PHILADELPHIA (KYW Newsradio) — The case against a former Philadelphia police officer, who was charged more than six years ago with pepper-spraying protesters along the Vine Street Expressway, has been withdrawn in a deal with prosecutors.
In June 2020, during the civil unrest following the murder of George Floyd, SWAT Officer Richard Nicoletti was deployed to the Vine Street Expressway, where he used pepper spray on three protesters who were illegally on the roadway.
Weeks later, District Attorney Larry Krasner announced simple assault, reckless endangerment and official oppression charges against him.
At first, a lower court judge dismissed the case, ruling Nicoletti’s actions were justified under the law. Krasner refiled charges, and the case went to court in 2023 but ended in a mistrial.
Nicoletti’s attorneys then asked for the retrial to be moved to a different county because they believed that since Krasner had been so vocal about the case, they would only find a fair jury elsewhere. The judge agreed; the district attorney appealed and lost.
That’s when prosecutors offered Nicoletti a deal: He pleaded no contest in Veterans Court earlier this year to all 10 charges against him, and they have withdrawn the case.
Veterans Court is a special treatment court for issues faced by military veterans. Nicoletti, who was an Army Ranger, served three combat tours overseas.
The case will be expunged by next month. Nicoletti’s attorneys said they are glad the charges have been withdrawn, and their client looks forward to moving on with his life.
The Philadelphia District Attorney’s Office had no comment.
