Richard Nicoletti trial: No verdict for ex-cop seen pepper spraying protestors on I-676
PHILADELPHIA (CBS) -- The trial of a former Philadelphia SWAT officer accused of pepper spraying protestors on I-676 ended in a mistrial Monday after jurors could not come to a verdict.
The jury deliberated for 14 hours over three days, which was more time than the two days of testimony that was heard.
As the jury announced no verdict, Richard Nicoletti smiled with his mouth closed. He remained tight-lipped leaving the courthouse.
However, his attorney has plenty to say.
"We've said from the beginning that the prosecutor wouldn't be able to prove to a fair-minded juror that Rich Nicoletti was doing anything other than his job out there that day," Nicoletti's defense attorney Fortunato Perri Jr. said.
The Philadelphia District Attorney's Office said following the mistrial that while they "thank the jury for their service," they plan to retry Nicoletti.
Fraternal Order of Police Lodge 5 President, John McNesby issued a statement Monday saying: "The double-standard of justice continues with DA Larry Krasner. He refuses to hold accountable the dozens of unlawful protesters and offenders who looted our great city, yet he works overtime to demonize a decorated, police officer for doing his job under very difficult conditions. The FOP and its members will continue its unwavering support of Officer Nicoletti."
The 35-year-old faced simple assault and other charges after deploying pepper spray in the faces of protestors along the Vine Street Expressway back in 2020.
Nicoletti said he was just following orders, however, prosecutors argued the use of force was not necessary.
Philadelphia police guidelines also state that pepper spray should not be used on people who are peacefully protesting.
The day of protests began with a peaceful rally for criminal justice and police reform at City Hall and a march through the city. Protestors were demonstrating against racial inequities and police brutality following the murder of George Floyd.
Some of the crowd eventually made their way onto I-676 during the evening rush hour but were later broken up when the city deployed tear gas.
The big question for the jury to decide was: were Nicoletti's actions justified?
Assistant District Attorney Brian Collins argued for the prosecution that Nicoletti's actions were criminal, However, the jury came back with no verdict for each of the four charges.
Nicoletti's case made its way to court with some twists and turns.
A few weeks after the incident, the police commissioner announced Nicoletti would be terminated.
He then faced simple assault, reckless endangerment and other charges in July 2020.
In May 2021, those charges were dismissed by a city judge who said Nicoletti was authorized to use pepper spray to clear protestors.
Then in October 2021, the same charges were reinstated by another judge.
Before breaking for the weekend, two jurors were dismissed on Friday, however, it was not clear why, as deliberations are discussed in secret.
The City of Philadelphia reached a $9.25 million settlement in March with the protestors involved in the incident.
