From [HERE] and [HERE] Charges have been dismissed against a pair of Philadelphia police officers who allegedly assaulted a man with Asperger's syndrome while off-duty in August 2020.

Municipal Court Judge William Austin Meehan Jr. threw out the case against James Smith and Patrick Smith, who are brothers, due to a lack of evidence that a crime was committed.

In the wake of Tuesday's ruling, District Attorney Larry Krasner said his office "will consider all possible avenues for seeking justice in this matter."

"We are seeing a disturbing pattern of criminal cases against police officers getting charges against them thrown out by judges during the preliminary hearing phase, only to be reinstated on appeal," Krasner said. "The law applies equally to everyone. Philadelphians should ask why some judges are finding no accountability at a preliminary hearing for police when they commit the same crimes that get everyone else held over for trial." 

Shortly after midnight Aug. 19, 2020, the Smiths, who were off duty and in a car, chased the victim, who was on foot, from their neighborhood to the parking lot of a shopping center near Fairdale and Knights Roads, according to an account from Krasner’s office.

After getting out of the car, the brothers caught up to the man and slammed him repeatedly against a wall and threw him to the ground, causing injuries including a black eye and scrapes on the back of his head, elbows, and knees, authorities said.

The Smiths falsely told the victim they were members of a neighborhood town watch and repeated that lie when the victim’s father — who tracked his son by a phone app — showed up at the scene, Krasner said.

“It is truly disturbing that the victim, who has Asperger syndrome, may have struggled to communicate his distress and fear,” Krasner said when charging the Smiths. “Additionally, the defendants’ claims at the time that they were members of a ‘town watch,’ that the victim was involved in thefts from vehicles in the area, or that the victim’s injuries were caused by a trip and fall were not corroborated by investigation.”

In in recent years, Judge Meehan also dismissed all charges against three other police officers charged by Krasner’s office.

In May of last year, he dismissed all charges against former Philadelphia SWAT Officer Richard P. Nicoletti, ruling that Nicoletti did not commit a crime when he pepper-sprayed protesters on the Vine Street Expressway during 2020 demonstrations over the police killing of George Floyd.

A Common Pleas Court judge later reinstated all the charges against Nicoletti.

In 2020, he threw out the case against a former homicide detective, Nathaniel Williams, who was charged with falsifying statements and tampering with evidence. Prosecutors said he lied to police commanders about looking up information on a law enforcement database about a woman for his cousin.

In another 2020 case, Meehan dismissed the case against Charles Myers, who was charged with perjury and tampering with evidence. Prosecutors had alleged Myers lied at an evidence-suppression hearing about the circumstances of a 2017 gun arrest.

Under Krasner, the office has brought charges in about 50 cases involving at least 59 law enforcement officers, most from the city Police Department, said Jane Roh, a spokesperson for the DA’s Office.

At least 10 of the cases have been disposed with convictions — mostly guilty pleas — or through some form of diversion program, she said.

Two ex-officers charged by Krasner are awaiting murder trials for killings committed while on duty. Eric Ruch and Ryan Pownall both fatally shot unarmed Black men.

Racist suspect John McNesby, president of Fraternal Order of Police Lodge 5, applauded the judge's decision.

"Once again this was a rush to judgment by our incompetent district attorney in Philadelphia," McNesby told 6ABC. "D.A. Krasner is only interested in carrying out his anti-police agenda and arresting innocent Philadelphia police officers with baseless allegations. We will now work to make these officers whole following all their losses."