A judge has found a Baltimore City police officer not guilty in a Christmas Eve assault.
Officer Kevin Battipaglia was charged in March of 2018 for allegedly assaulting Darrian Carr with his baton during a December 24, 2017 arrest on Belair Road and Brendan Avenue in Northeast Baltimore.
Prosecutors contended Battipaglia intentionally struck Carr with the baton following a foot chase. Body worn camera footage of the incident did not capture the moment the baton made contact with Carr.
In her ruling, Maryland Circuit Court judge Dana Middleton was convinced that Battipaglia had accidentally hit Carr with the baton.
The Baltimore City Fraternal Order of Police, Lodge #3 tweeted out a statement, criticizing States Attorney Marilyn Mosby following the verdict;
— Baltimore City FOP (@FOP3) October 11, 2018
Baltimore States Attorney Marilyn Mosby's office also released a statement:
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.