Police officer Jeann Lugo acquitted of assault charge after punching political opponent
Providence police officer Jeann Lugo was acquitted of a simple assault charge on Wednesday in District Court, Warwick.
Judge Joseph T. Houlihan said that during an abortion rights rally at the State House on the night of June 24, Lugo, then a Republican candidate for state Senate District 29, "approached [a] disturbance out of concern for the public order." Houlihan said Lugo and Jennifer Rourke, who was then his Democratic rival for the Senate seat, were "pressed forward by the crowd" when it surged and a "melee" ensued.
At the time, Houlihan said Lugo was attempting to go after an unidentified man in a green jacket who punched another man who was agitating protestors, identified as Josh Mello. Houlihan said Rourke held Lugo back, and the court accepted that Lugo was attempting to stop more violence.
"He has a duty to maintain the public order," Houlihan said, describing the "potential for further violence" as "imminent."
Houlihan added that the court could speculate that Lugo should have identified himself as a police officer, which he did not do despite claiming he intended to make an arrest, yet the situation unfolded "in a scant few seconds" – an argument the defense had made repeatedly.
Overall, the court did not see Lugo's conduct as unreasonable.
Leaving the courtroom, Lugo hugged a woman and left quickly without much comment to the media other than thanks for the coverage.
Lugo's attorney, Dan Griffin, said he was "very, very happy" about the verdict.
"He never should have been arrested in the first place," Griffin said, describing Lugo as "a kid who wanted to serve the city" and was "railroaded."
The verdict concludes a trial during which Griffin contended his client was acting within the bounds of police policy, which directs officers to act when they see a threat, even when off duty. However, that action, per section 202.2, could be as simple as calling for help from other officers.
In its decision, the court relied on footage showing that as Lugo jumped into the fray, Jennifer Rourke appeared to try to pull him back. Lugo eventually punched Rourke repeatedly.
Previous coverage of this case:Providence police officer accused of punching Senate candidate during rally pleads not guilty
Assistant Attorney General Daniel Carr Guglielmo staked his argument in part on Lugo's failure to identify himself as a police officer. But according to Middletown police Lt. David Bissonnette, a longtime use-of-force instructor, Lugo wasn't absolutely required to identify himself.
The adjudication of Lugo's case now clears the way for the Police Department to hold a separate hearing under the Law Enforcement Officers' Bill of Rights, which outlines a disciplinary process for officers accused of misconduct. Providence's chief of police, Col. Hugh Clements, recommended over the summer that Lugo be terminated. The hearing will determine whether he can keep his job.
In a statement released after the verdict, the Providence police union said the case "once again proves that we should not jump to conclusions of guilt or innocence when viewing one small piece of evidence."
"This kind of quick judgment destroys the morale and trust of officers," the union said. "In this case, the administration should have reserved judgment until all the facts and evidence were established."
Criticizing the city's current administration, the union contended that police "are used as pawns to further political agendas."
Conversely, the Black Lives Matter Rhode Island Political Action Committee released a statement in support of Rourke, saying "the justice system failed her, and we know at this time, her grief and trauma is indescribable."
"Today is a clear example of how policing in our state and capital city needs to be examined under heavy scrutiny," the group said. "To have an officer of the law, sworn to protect the rights of citizens in our community, attack a political figure exercising their right to free speech and public demonstration is a contradiction and stain on the validity of this officer’s employment and the Providence Police Department as a whole."
More to come.
Previous coverage of this case:Off-duty Providence cop who punched his political opponent at rally testifies he was armed
This article originally appeared on The Providence Journal: Jeann Lugo, Providence Police officer, acquitted of assault charge
