By Kia Gregory
Philadelphia Inquirer
PHILADELPHIA — A Philadelphia Municipal Court judge yesterday dismissed charges against two former police officers accused of assaulting a graffiti vandal.
David Vernitsky, 37, lost three teeth and suffered a broken jaw that had to be wired shut for five weeks.
Judge Francis Cosgrove issued his decision without comment.
According to testimony, about 12:30 a.m. on Aug. 26, 2007, Officers Sheldon Fitzgerald and Howard Hill 3d saw Vernitsky spray-painting his graffiti tag name, “Oz,” on a wall near Fourth Street and Wyoming Avenue in Feltonville.
After Vernitsky fled, the officers caught him, beat him, and threw him headfirst into their patrol car, District Attorney Lynne M. Abraham said in May while announcing the charges.
The five-year veterans were suspended without pay, with intent to dismiss, and were charged with aggravated assault, conspiracy, tampering with public records, and related offenses.
John J. McNesby, president of Lodge Five of the Fraternal Order of Police, called the allegations a “fabrication” and said the police union would defend its members. He said that the union would argue that the officers, now cleared, be reinstated, and that he would call Commissioner Charles H. Ramsey to request that.
“There’s no charges,” McNesby said, “so there’s no justification for firing them.”
At yesterday’s preliminary hearing, police officers, many in plain clothes, filled the courtroom as Vernitsky testified that he was spraying a message of congratulations to newly married friends when he saw a police patrol car and fled.
“I was doing something illegal,” he said.
Fitzgerald chased and tackled him, he said.
“He knocked me to the ground and started hitting me” in the face and ribs, Vernitsky testified, adding that Hill soon joined in.
“I was in a lot of pain,” he said.
Defense attorneys argued that Vernitsky, who admitted to smoking marijuana and drinking earlier the day, resisted the officers and fell to the ground, in effect causing his own his injuries.
“Didn’t you actually fall because you were high and drunk?” asked Fitzgerald’s defense attorney, Fortunato “Fred” Perri Jr.
“No,” Vernitsky replied.
It is unclear why Vernitsky was not arrested at the time. After checking his identification, he said the officers released him at Third and Wyoming.
“When they found out he had no warrants, they couldn’t bring him in with a broken jaw,” Assistant District Attorney Meriah Russell said in her closing argument.
After the judge discharged both cases, Fitzgerald, standing in the hallway surrounded by his fellow officers, said he felt “blessed.”
His attorney offered a few more words.
“We’re thoroughly happy with the outcome of this case,” and that the judge saw through “this nonsense of a prosecution,” said Perri.
Hill’s attorney, Brian McMonagle, called the two officers “hardworking and courageous” and said he was “greatly relieved” to have them back on the street.
After conferring with Russell, Vernitsky walked out of the courtroom quietly with friends. He declined to comment.
Copyright 2008 Philadelphia Inquirer