PHILADELPHIA (WPVI) – A Philadelphia judge has dismissed all charges against two former Philadelphia police officers accused of assault.

Former Philadelphia Police Inspector James Smith and his brother, former Detective Patrick Smith, were arrested last April for an alleged attack on a person with Asperger’s Syndrome.

The Philadelphia District Attorney’s Office said that in August 2020, in northeastern Philadelphia, the couple collided with a man who they said was killing himself in a car.

The prosecutor added that there was no evidence that the victim had broken into the vehicles.

SEE ALSO: Freelance officers who are brothers accused of assault in Philadelphia: D.A.

At the time of the incident, Smith was not on duty.

On Tuesday, a judge dismissed charges against his brother for lack of evidence.
Prosecutor Larry Krasner issued a statement saying the law applies equally to all, adding that it will consider all possible ways to achieve justice.

“We see an alarming picture of criminal cases against police officers when charges against them are dropped by judges at the pre-trial stage, only to be reinstated on appeal. The law applies equally to all. Philadelphians should ask why some judges were not found responsibilities at a preliminary hearing for the police if they commit the same crimes that bring everyone else to justice, ”Krasner said in a statement.

After the charges were dropped, FOP Lodge № 5 President John McNesby issued the following statement:

“Once again, it was a rush to convict our incompetent district attorney in Philadelphia,” said John McNesby, president of the FOP-5 lodge. A. Krasner is only interested in carrying out his anti-police program and arresting innocent Philadelphia police officers with baseless charges. We will now work to ensure that these officers are healthy after all the losses. “

Fortune’s attorney, Perry Jr., who represents James Smith and whose firm also represents Patrick Smith, said in a statement Tuesday that the charges were dropped because prosecutors could not prove the crime was committed. He said both are looking forward to continuing their careers in law enforcement, but it is unclear whether anyone plans to challenge the disciplinary charges related to the charges and seek a return to work.

Patrick Smith left the Philadelphia Department shortly after the Home Affairs investigation began, and later went to work as an agent for the Arms Task Force, led by the District Attorney’s Office and the Attorney General’s Office. At the time of the trial he was brought to the administrative service with a salary.

Philadelphia police said David Smith was fired for 30 days with the department’s intention to fire him shortly after the charges were announced.

The Associated Press contributed to this report.

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