DA Krasner denounces dismissal of charges against two officers charged with beating man with special needs

Philadelphia District Attorney Larry Krasner on Tuesday criticized the decision by a judge to dismiss charges against two police officer brothers whom he charged in April with chasing and beating a man with special needs after falsely accusing the man of tampering with cars in their far Northeast neighborhood.

Krasner, who pledged after taking office in 2018 to hold accountable officers who break the law, suggested that the decision by Municipal Court Judge William Austin Meehan Jr. during a preliminary hearing to clear the two brothers — former Police Inspector James Smith and former detective Patrick Smith — was part of a larger pattern of judges going easy on accused police.

“We are seeing a disturbing pattern of criminal cases against police officers getting charges against them thrown out by judges during the preliminary hearing phase, only to be reinstated on appeal. The law applies equally to everyone,” Krasner said. “Philadelphians should ask why some judges are finding no accountability at a preliminary hearing for police when they commit the same crimes that get everyone else held over for trial.”

Krasner, who has frequently clashed with the officers’ labor union, added: “My office will consider all possible avenues for seeking justice in this matter, and to hold accountable the individuals who chased, terrorized, and assaulted a young and innocent man with Asperger syndrome.”

James Smith, 53, a 30-year department veteran who was earning $134,629 annually, was fired after being arrested, and Patrick Smith, 54, retired shortly after the alleged assault took place and went on to work for the Philadelphia Gun and Violence Task Force, which is funded by the state and is part of the state Attorney General’s Office. He was placed on administrative duty after being arrested.

Meehan’s ruling to clear the Smiths, following testimony from their alleged victim, was witnessed by a crowd of city officers who cheered in the courtroom and in the hallways of the Center City courthouse, according to a source who attended the hearing and asked not to be identified out of concern for his safety.

Both men were accused of attacking a 27-year-old man on Aug. 19, 2020, for which they were charged with simple assault, recklessly endangering another person, and conspiracy ― charges tossed by Meehan during Tuesday’s hearing.

“The court dismissed all charges...because the evidence presented by the prosecutor failed to prove that a crime was committed,” said defense attorney Fortunato Perri, who represented James Smith. “Inspector Smith and Detective Smith have dedicated decades of their lives proudly protecting and serving the citizens of Philadelphia. They look forward to continuing those efforts in the future.”

Attempts to reach defense attorney Brian McMonagle, who represented Patrick Smith, were not successful.

“Once again this was a rush to judgement by our incompetent District Attorney in Philadelphia,” Fraternal Order of Police Lodge #5 President John McNesby said.

”DA Krasner is only interested in carrying out his anti-police agenda and arresting innocent Philadelphia police officers with baseless allegations. We will now work to make these officers whole following all their losses,” McNesby added.

In announcing the charges against the Smith brothers last April, Police Commissioner Danielle Outlaw said their alleged behavior was “disturbing” and “in stark contrast” to everything that society expects of its police officers.

“It is imperative that police officers repair community trust in order to effectively do their jobs,” Outlaw said. “In order to do this, we must prove that we are committed to identifying and removing bad actors from within our ranks.”

Shortly after midnight Aug. 19, 2020, the Smiths, who were off duty and in a car, chased the victim, who was on foot, from their neighborhood to the parking lot of a shopping center near Fairdale and Knights Roads, according to an account from Krasner’s office.

After getting out of the car, the brothers caught up to the man and slammed him repeatedly against a wall and threw him to the ground, causing injuries including a black eye and scrapes on the back of his head, elbows, and knees, authorities said.

The Smiths falsely told the victim they were members of a neighborhood town watch and repeated that lie when the victim’s father — who tracked his son by a phone app — showed up at the scene, Krasner said.

“It is truly disturbing that the victim, who has Asperger syndrome, may have struggled to communicate his distress and fear,” Krasner said when charging the Smiths. “Additionally, the defendants’ claims at the time that they were members of a ‘town watch,’ that the victim was involved in thefts from vehicles in the area, or that the victim’s injuries were caused by a trip and fall were not corroborated by investigation.”

In in recent years, Judge Meehan also dismissed all charges against three other police officers charged by Krasner’s office.

In May of last year, he dismissed all charges against former Philadelphia SWAT Officer Richard P. Nicoletti, ruling that Nicoletti did not commit a crime when he pepper-sprayed protesters on the Vine Street Expressway during 2020 demonstrations over the police killing of George Floyd.

A Common Pleas Court judge later reinstated all the charges against Nicoletti.

In 2020, he threw out the case against a former homicide detective, Nathaniel Williams, who was charged with falsifying statements and tampering with evidence. Prosecutors said he lied to police commanders about looking up information on a law enforcement database about a woman for his cousin.

In another 2020 case, Meehan dismissed the case against Charles Myers, who was charged with perjury and tampering with evidence. Prosecutors had alleged Myers lied at an evidence-suppression hearing about the circumstances of a 2017 gun arrest.

Under Krasner, the office has brought charges in about 50 cases involving at least 59 law enforcement officers, most from the city Police Department, said Jane Roh, a spokesperson for the DA’s Office.

At least 10 of the cases have been disposed with convictions — mostly guilty pleas — or through some form of diversion program, she said.

Two ex-officers charged by Krasner are awaiting murder trials for killings committed while on duty. Eric Ruch and Ryan Pownall both fatally shot unarmed Black men.