By CBS3 Staff

PHILADELPHIA (CBS) — A judge has dismissed all charges against Richard Nicoletti. He was the Philadelphia SWAT officer who pepper-sprayed protesters on Interstate 676 last summer.

It happened during demonstrations over George Floyd’s death.

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Credit: CBS3

The judge ruled there was a lack of evidence for the three charges of simple assault and recklessly endangering another person.

The police department fired Nicoletti following the incident.

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District Attorney Larry Krasner plans to pursue charges in the case.

“I fully intend to vigorously pursue charges in this matter. The people want and deserve justice and change, including police accountability, even though some institutional players are in denial. We will stay the course,” he said in a statement.

The Philadelphia FOP declined to comment on the matter.

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Stay with for updates to this developing story.