This story originally appeared on 6abc.
A mistrial has been declared due to a hung jury in the case involving a former Philadelphia SWAT officer seen on video pepper-spraying protesters.
The jury deliberating over the case of 37-year-old Richard Nicoletti was at an impasse on Friday but was told to keep working toward a verdict.
Both the defense and prosecution agreed to proceed with 11 jurors instead of 12 after one was dismissed on Friday.
Two alternates also had medical issues preventing them from coming to court.
Nicoletti was charged with simple assault and reckless endangerment after he was caught on video pepper-spraying protesters on I-676 on June 1, 2020.
Prosecutors argued that Nicoletti overstepped his position and put civilians at risk during the protest following George Floyd’s murder.
However, Nicoletti’s defense argued that he was following orders and clearing the highway before things got out of control.
It’s still unclear if prosecutors will retry the case.
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