Trial for former Philadelphia SWAT officer who pepper-sprayed protesters to resume with 11 jurors

Nicoletti's defense argues that he was following orders and clearing the highway before things got out of control.

Maggie Kent Image
Friday, May 5, 2023
Trial for former Philadelphia SWAT officer who pepper-sprayed protesters to resume with 11 jurors
Trial for former Philadelphia SWAT officer who pepper-sprayed protesters to resume with 11 jurors

PHILADELPHIA (WPVI) -- The deliberations in the trial against a former Philadelphia SWAT officer are set to resume on Monday with only 11 jurors.

Officials say a juror was dismissed on Friday afternoon, and two alternates remaining had medical issues preventing them from coming to court.

Richard Nicoletti faces charges including simple assault and reckless endangerment for his actions on June 1, 2020.

On that day, he was caught on video pepper-spraying protesters in the face on I-676, during the protests that followed George Floyd's murder.

Some protesters are taking legal action after a demonstration spilled onto I-676 in the heart of Philadelphia earlier this month, leading law enforcement to fire tear gas and use pepper spray in the middle of rush hour traffic.

Weeks after the incident, Nicoletti was fired from the police force and charges were brought against him by Philadelphia District Attorney Larry Krasner.

In 2021, the charges were dismissed in court. The judge stated that the prosecution failed to prove Nicoletti's actions were criminal.

That ruling was overturned and Nicoletti was brought to court for a second time.

READ | Charges refiled against former officer seen on video pepper-spraying protesters

Prosecutors argue that Nicoletti overstepped his position and put civilians at risk.

However, Nicoletti's defense argues that he was following orders and clearing the highway before things got out of control.

The jury told the judge it was at an impasse on Friday, but the judge urged them to come to a unanimous decision and continue working toward a verdict.

The trial and deliberations will resume Monday. Both the defense and prosecution have agreed to proceed with 11 jurors instead of 12.