A jury could not come to a unanimous decision in the trial of former Philadelphia Police SWAT officer Richard Nicoletti on Monday, causing a mistrial to be declared.
Nicoletti was facing charges including simple assault and reckless endangerment after he was caught on video covering protestors -- who were involved in a rally following the death of George Floyd -- in pepper spray, on June 1 of 2020.
In footage taken that day while protestors gathered along I-676, Nicoletti could be seen lowering the face covering of at least one person before pepper spraying them.
The jury of 11 members -- one was dismissed last week and two alternates were reportedly unavailable for medical reasons -- ended deliberations Monday without reaching a verdict.
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After a mistrial was declared, John McNesby, president of the Philadelphia Fraternal Order of Police expressed unwavering support for Nicoletti.
“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," said McNesby in a statement. "The FOP and its members will continue its unwavering support of officer Nicoletti.”
A representative of the District Attorney's Office told NBC10 that the state plans to retry the case.
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