Mistrial declared for Philadelphia cop who pepper-sprayed Black Lives Matter protesters
The trial of a Philadelphia police officer who pepper-sprayed three Black Lives Matter protesters on a highway in 2020 ended in a mistrial Monday.
Richard Nicoletti, 37, had been charged with simple assault and reckless endangerment. The case ended with a hung jury.
On Friday afternoon, the 12 jurors told the judge they had deadlocked in the case. However, she asked them to continue deliberating.
Even though two jurors and two alternates were later dismissed for personal reasons, prosecutors and defense attorneys allowed an 11-person jury to continue mulling the case, the Philadelphia Inquirer reported. But the smaller jury similarly failed to reach a verdict.
Prosecutors said they plan to retry Nicoletti on the same charges.
On June 1, 2020, Black Lives Matter supporters demonstrated throughout Philadelphia, part of nationwide wave of protests after Minneapolis police officers murdered George Floyd.
Three of those protesters, Christina Sorenson, Katharine Walsh, and Diamonik Hough, joined a group of marchers on Interstate 676.
Cops fired tear gas at the demonstrators, sending many of them scurrying off the highway. But Sorenson, Walsh and Hough responded by sitting down in the middle of the interstate.
Nicoletti responded by ripping off Sorenson’s goggles and pepper-spraying her in the face, delivering a second shot of chemicals to Walsh’s face and then spraying Hough several times and shoving him to the ground.
“This was not immediately necessary — the defendant did not have to do it,” prosecutor Brian Collins said at trial. “He made a choice, and a decision, to do it.”
Philadelphia Police Commissioner Danielle Outlaw fired Nicoletti for his actions.
At trial, the cop’s defense attorneys argued that he was simply following orders to clear the highway and use pepper spray if needed.
“He did that, nothing more,” defense attorney Fortunato Perri Jr. argued.
In March, Philadelphia agreed to pay a $9.25 million civil settlement to protesters who were injured by police during 2020 protests.
Nicoletti was one of only two officers to be criminally charged for their actions. Officer Joseph Bologna was charged with aggravated assault for striking a protester with his baton, and he’s due back in court next month.
With News Wire Services