BALTIMORE (WJZ) — A Baltimore City Police officer that was charged with first-degree assault and misconduct in a Christmas Eve assault was found not guilty Thursday.
According to the Fraternal Order of Police, officer Kevin Battipaglia was found not guilty on all charges.
Battipaglia’s trial started Tuesday in an assault case where he was charged in the violent arrest of a 21-year-old man in northeast Baltimore — where he allegedly chased and clubbed him, knocking out his teeth.
Prosecutors alleged that this was no normal arrest when they charged Battipaglia for first-degree assault.
The officer’s attornies argued the baton strike was accidental.
Ultimately, the judge agreed.
The Director of Communications for the State Attorney’s Office in Baltimore City released a statement Thursday in response to the trial’s outcome:
“In the assault case pertaining to Officer Battipaglia, we are extremely disappointed but must respect the judge’s decision. Our office strongly believed that the evidence presented in court, including body worn camera footage, was enough to convict. However, we stand committed to applying justice fairly and equally no matter one’s race, sex, religion, or occupation.”
The State’s Attorney’s office also sent body camera footage from the incident.
WARNING: The person shown in the video on the ground was only injured, and did not die. Graphic language is bleeped out but is displayed in this video.
The Baltimore City Fraternal Order of Police tweeted out a statement from President Gene Ryan later Thursday as well.
Now, the body camera footage may play again in another courtroom.
Attorney Latoya Francis-Williams represents the man shown sliding in and out of consciousness on the ground.
“The reason he ran is because he didn’t want to get beat down like he was,” Francis-Williams said.
She said Darrian Carr has lasting injuries and more surgeries ahead.
Both were watching in court as the decision came down. She said they are perplexed by the ruling and how the case was tried.
They have plans to push ahead with a civil case.
“I, from the very beginning, understood that Mr. Carr needed justice, and still does need justice. Sometimes there needs to be an acknowledgment that if you’re not used to trying police brutality cases, sometimes you just need to leave it alone,”