Former Philadelphia Police Officers On Trial For 2013 Assault
By Steve Tawa
PHILADELPHIA (CBS) -- Two former Philadelphia police officers accused of the 2013 videotaped beating of a man have both taken the stand, telling jurors they believed that they were fighting an "armed and dangerous man." Closing arguments are expected Friday morning, after which the jury will begin deliberations.
Former officer Kevin Robinson says they were well aware of people on illegal dirt bikes and scooters "terrorizing the neighborhood," and he and his partner saw 21-year-old Najee Rivera blow through a stop sign, then flee after they initially stopped him.
He evaded them for awhile, but minutes later, after surveying nearby streets, they saw him again, this time riding his scooter in the wrong direction on Lehigh Avenue, then the wrong way on North Sixth Street.
Former officer Sean McKnight says they gave chase, and as they pulled up next to the scooter, Rivera tried to swerve and fell. The officers jumped out and Robinson says they immediately faced off and "locked up" in a struggle.
McKnight told jurors he thought Rivera had a gun and might kill them. He gave verbal commands, "begging and pleading to show his hands." During the struggle, McKnight testified he used his ASP telescoping baton on Rivera while everyone was on the ground.
Both officers reported their use of force to superiors, which their lawyers say is proof they did everything by the book. Rivera suffered a broken eye socket, head and facial cuts.
Earlier, after the prosecution rested, defense lawyers made motions for a judgement of acquittal on the aggravated assault and conspiracy charges.
Attorney Fortunato Perri Jr. says they followed police directives; attorney Brian McMonagle says they detailed the use of force before a video surfaced of the incident, and once they had Rivera handcuffed, no one touched him.
Judge Charles Ehrlich denied the defense motions, saying the jury will decide the case.
Assistant DA Andrew Wellbrook says the surveillance video Rivera's girlfriend obtained after canvassing the neighborhood shows that Rivera was brutalized by the officers, undercutting their claims.
Rivera was not armed. He was subsequently shot and killed in an unrelated street fight four months ago.
