BALTIMORE, Md (WBFF) -- Baltimore Officer Kevin Battipaglia has been found not guilty of 1st degree assault and misconduct in office.
Officer Battipaglia, a five-year veteran with the northeast district, was accused "in an incident that occurred on December 24...during an arrest,".
Darrin Carr was knocked unconscious in what Battipaglia’s defense team called an accidental collision.
Baltimore police body-camera footage showed a sergeant arriving at the scene. Carr on the ground, and Officer Kevin Battipaglia standing next to him - a wooden club, or baton, in his hand.
The Baltimore City State's Attorney's Office said in a statement that "we are extremely disappointed but must respect the judge's decision. Our office strongly believed that the evidence presented in court, including body worn camera footage, was enough to convict. However, we stand committed to applying justice fairly and equally no matter one’s race, sex, religion, or occupation."
In announcing her verdict the judge remarked on the State’s decision to not call the victim to testify. Judge Middleton said it was difficult to determine whether the victim suffered permanent injuries without seeing him in person.