Mosby Loses Again: Baltimore Officer Acquitted For Hitting Armed Suspect

A judge found Baltimore Police Officer Kevin Battipaglia not guilty of all charges on Thursday.

Baltimore, MD – A judge found a Baltimore police officer not guilty on Thursday of assault or misconduct in office when he accidentally collided with an armed suspect during a chase.

Baltimore Police Officer Kevin Battipaglia was indicted by a grand jury in March for an incident that occurred on-duty on Dec. 24, 2017, WBFF reported.

“We go to clear this corner. They ran. I chased one of them down, and when I was running because I had my stick in my hand already, so when I was running, I don’t even remember, Sergeant,” Officer Battipaglia told an official who arrived on the scene just after the altercation occurred.

The officer’s defense attorneys maintained at trial that Officer Battipaglia knocked 21-year-old Darrian Carr unconscious when the two accidentally collided as the officer chased Carr through a parking lot, WBFF reported in tweets immediately following the verdict.

Initially, attorneys for the suspect told police that he was just walking down the street when Officer Battipaglia suddenly hit him over the head with his department-issued baton (espantoon), knocking him to the ground.

However, the officer’s bodycam told a very different story, and showed that several suspects were fleeing from police.

The officer’s bodycam began just as he got out of his vehicle, and showed he had an espantoon in his right hand.

The video showed that a group of men standing on the corner began running away even before Officer Battipaglia got out of his car.

In the video, the officer chased a man wearing a dark hooded sweatshirt through a parking lot.

The fleeing man ran up to a black sedan that was leaving the parking lot, and then suddenly turned and fled in the opposite direction.

In the video, it appeared that the suspect, later identified as Carr, turned and ran back toward Officer Battipaglia, and that’s when he was struck by the officer’s espantoon.

Both men were moving at full speed, and the officer said that the collision was unintentional.

Carr dropped to the ground when he was hit, and the officer stopped a couple of steps later and turned around, as if to see what had happened.

In the video, it looked as though Officer Battipaglia walked over to Carr and bent down to check on him.

When his sergeant arrived on the scene, the officer explained what had happened, and his sergeant told him to stop talking and head back to the station, according to WBFF.

Four months later, Maryland State’s Attorney Marilyn Mosby pursued an indictment against Officer Battipaglia, a five year veteran of the Baltimore police force.

Marilyn Mosby is known for being the prosecutor who charged six Baltimore officers for the death of Freddie Gray. Without waiting for an investigation to be completed, or reviewing all of the details of the case, she quickly brought charges on all officers involved in the arrest, and had them arrested when there was no apparent probable cause for their arrest.

All officers were later acquitted or had charges dropped when it was clear that Mosby lacked evidence that the officers had committed any crimes.

Mosby's office has only secured convictions in only 17% of their trials.

Following charges being brought, Officer Battipaglia was suspended without pay and initially also charged with misconduct in office, the Baltimore Sun reported.

Despite the charges against the officer, the prosecutors continued to charge Carr with gun possession.

This indicates that prosecutors acknowledge that Officer Battipaglia had a lawful reason to detain and arrest Carr.

Carr entered an Alford plea on the gun possession charge, WBFF reported. An Alford plea means that the defendant does not admit guilt, but acknowledges the prosecution has enough evidence to prove guilt beyond a reasonable doubt.

After rendering the verdict on Oct. 11, Judge Dana Middleton questioned the prosecution’s decision not to put Carr on the stand during the trial.

WBFF tweeted that the judge said it was difficult to tell whether he had suffered any permanent injuries without seeing him in person.

Comments (43)
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Watcher 1
Watcher 1

Mosby is well known for her prosecution of policing while white.

Thinblueline
Thinblueline

So, Mosby saw the video before deciding to charge the officer, and still tried it. She is dumber than dogshit. She just must love losing.

TrueAmerican
TrueAmerican

Mosby is such a joke! I am so tired of looking at her everyday on the News here in Baltimore. She doesn't have a clue. I am so glad this Officer was found not guilty. His Mother was saying how he is so emotionally damaged from the incident. He was a corner boy, selling drugs, carrying a gun!!! He was a real hard ass on the street now he's a straight up PUNK!!!!

Jones24
Jones24

Mosby is lowest of low!

Combokid
Combokid

If this so called prosecutor has a conviction rate of only 17% why does she still have a job?? She sounds like a racist, cop hating bitch. I'm assuming that Baltimore isn't exactly a Conservative town.

gfc1963
gfc1963

Excellent stuff. And FUCK Mosby!

JBo
JBo

17%? You can get a better conviction rate by not showing up for court.

unholyone
unholyone

Is Mosby elected or appointed? What is up with you people in MD? Mosby, all by herself destroyed Baltimore during the riots when she told the police to do nothing and "let them vent." How is she still there? If she's appointed then vote the superior who allows her to stay. But, MD has weird and restrictive gun laws, so I understand why Mosby stays in her job.

SICKOFITALL
SICKOFITALL

THANK GOD FOR THE BODY CAMS THEY TELL THE TRUTH.

arizonastate42
arizonastate42

Suck it buttercup, I think it’s time that Mosby found a new line of work because evidently she sucks at this one....

Hannibal
Hannibal

Terrible that a clear cut case should be tried at all against our police officers. They risk so much to hold the line. Much respect to you all.

joaquinradioman
joaquinradioman

I am tired of seeing defense attorney's blatantly lying to get their criminal client off the hook and hope they start getting penalized for doing this!!!

Burgers Allday
Burgers Allday

Supreme Court has refused to hear Mosby / Freddie Gray rough ride officers case.