PHILADELPHIA (KYW Newsradio) — A jury is hearing the case against a former police officer who the district attorney says assaulted protestors on I-676 during protests sparked by the murder of George Floyd three years ago. The defense says he was following commands.
Following brief opening statements, prosecutors showed pictures and a video of protesters on the Vine Street Expressway on June 1, 2020. The District Attorney said the group was “peaceful and joyful” on June 1, 2020, marching, chanting and protesting against police brutality in response to George Floyd’s murder — until Philadelphia police confronted them.
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Video shows a large crowd of protesters, billows of gas in the air, and the moment when then-SWAT Officer Richard Nicoletti targeted three protestors, pulling down their masks to make sure he hit them directly in the face with pepper spray.
They call it assault, but the defense said Nicoletti was only following state law.
Nicoletti’s attorneys said the incident came from the culmination of days of chaos, including vandalism, looting and assaults throughout the city — and that SWAT is called “when police need police.” They said a Pennsylvania state trooper had called into dispatch that he was surrounded by protesters and in danger.
The defense said all three protesters had goggles on, and they got down on the highway asphalt instead of trying to flee, because they wanted a confrontation. They said Nicoletti was doing his job and he was legally justified in using the pepper spray, following police training and commanders’ instructions — not to arrest anyone but to use the spray to get protestors off the highway.
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Two of the protestors who were pepper-sprayed testified — including a man who Nicoletti can be seen on video pushing over before removing his mask. Throughout his testimony, he got upset and said he said he told the police he had given up, but the police continued anyway.
The protester was not arrested. In the days that followed, he said, he contacted both Mayor Jim Kenney and Commissioner Danielle Outlaw and got a brief response — but eventually hired a lawyer.
The city settled for $9.25 million, and the defense asked if he was the lead plaintiff on the case. He said he didn’t know and that he didn’t know how much he would get from the case.
Testimony from another accuser is expected Wednesday morning. The entire case is expected to wrap within a few days.
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