(Philadelphia) McMonagle Perri McHugh Mischak Davis secured a major legal victory today for former Philadelphia SWAT Officer Richard Nicoletti, as a case involving his orders and subsequent actions to address civil unrest on the Vine Street Expressway on June 1, 2020 was withdrawn by prosecutors.
Nicoletti had been accused by the Philadelphia District Attorney’s Office of criminal conduct stemming from his use of department-issued pepper spray while helping clear demonstrators from the highway during citywide protests. Specifically, he faced charges including simple assault, recklessly endangering another person, official oppression, and possessing an instrument of crime following viral video footage of the event.
Nicoletti’s attorney, Fortunato N. Perri, Jr., has consistently emphasized that Nicoletti committed no crime, maintaining that he acted strictly in accordance with official department directives and specialized tactical training. “Rich is a dedicated public servant and combat veteran who served our country as an Army Ranger across three tours in Afghanistan,” Perri said. “He conducts himself with honor, discipline, and commitment to his duty. What he was doing that day was not committing a crime. He was making split-second decisions in an extremely high-pressure situation.”
The resolution brings to a close a prolonged, complex legal battle that spanned six and a half years. Initially, criminal charges were filed against Officer Nicoletti in the summer of 2020 following his termination by the police department. Those charges were then dismissed at a 2021 preliminary hearing by a municipal court judge who ruled the officer was executing lawful orders, only to have the case subsequently reinstated by a common pleas judge.
The matter eventually proceeded to a high-profile jury trial in 2023, which ended in a mistrial after jurors deadlocked. Later that year, Perri successfully argued that any retrial should be moved out of the city, as extensive pretrial publicity would have compromised Nicoletti’s ability to be heard by a fair and impartial local jury. This year, after Nicoletti pleaded no contest in Veterans Court to the charges, prosecutors withdrew the case. All charges will be expunged from his record by next month.
Formed in 1995, McMonagle Perri McHugh Mischak Davis is a nationally known criminal defense, personal injury and family law firm based in Philadelphia. The firm consistently litigates high profile cases resulting in acquittals and/or million-dollar awards/settlements. Practice areas include criminal defense, personal injury and family law. For more information, visit www.mpmpc.com or call (215) 981-0999.