Police officer not guilty in Puerto Rican parade case

What the video showed was "disturbing," conceded Philadelphia Municipal Court Judge Patrick F. Dugan.

But by itself, Dugan said, the 10-second video that shows police Lt. Jonathan Josey walk up behind and hit Aida Guzman was not enough to convict Josey of simple assault after last year's Puerto Rican Day Parade.

"This was a real-life situation, there was no slow-motion," Dugan said in announcing Josey's acquittal Tuesday. "Life doesn't have a remote control."

The not-guilty verdict triggered an explosion of cheers - so loud that Dugan reminded the overflow crowd of police that they were in a courtroom and asked them to leave.

But if the former officer is now free from the threat of criminal conviction and penalty, it seems unlikely the decorated 19-year veteran will be able to put the events of Sept. 30 behind him any time soon.

Josey, 41, testified Feb. 12 during a three-hour nonjury trial, saying he acted in the context of an escalating melee. Josey said some spectators were throwing beer bottles at police trying to arrest a driver doing "doughnuts" in the middle of Fifth Street and Lehigh Avenue in Fairhill.

Josey also called the video "disturbing," but insisted that he was trying to take a beer bottle from Guzman's hand and by accident hit her face.

Guzman, who was knocked to the pavement and had a split lip, denied throwing anything.

Outside of Josey's fellow officers, the verdict and explanations were met with skepticism.

Told that Josey wanted his job back, Police Commissioner Charles H. Ramsey said he had no intention of reinstating him.

"I think it was the right decision then, I think it's the right decision now," Ramsey said of his dismissal of Josey.

Ramsey said he fired Josey based on what he saw on the video as well as a subsequent internal investigation. Josey's acquittal is a separate issue, Ramsey said.

Mayor Nutter on Tuesday said he had repeatedly watched the video. "It's beyond my comprehension as to how that is not at least simple assault," he said.

Guzman's attorney, Enrique Latoison, said he would file a civil lawsuit against Josey and ask the U.S. Justice Department's Civil Rights Division to investigate the incident and how it was handled.

"If this is what they can get away with on camera, imagine what goes on off-camera," Latoison added.

Latoison said the trial "disrespected the entire Spanish community. We were portrayed as criminals, marijuana-smoking, nonmoral, drunken, dangerous Puerto Ricans."

Guzman, 40, a mother of three from Chester whose English is limited, was "very upset about what happened," said Latoison.

In Philadelphia's Puerto Rican population - about two-thirds of the city's Latino population - others echoed Latoison's comments.

"I can tell you that people are enraged, they are very angry," said Angel Ortiz, a former City Council member and Puerto Rican leader.

"People don't understand [the judge] saying the video doesn't tell all," Ortiz said. "Well, I'm sorry, but the video does tell all, actually."

City Councilwoman Maria Quiñones Sánchez - whose Seventh District includes Fifth and Lehigh and Fairhill - said she objected to the judge and police blaming the incident on the parade and Latino-themed festivities.

"We've seen the same thing every year after the Mummers Parade," Quinones Sánchez said. "It was a celebration and, like any celebration, all it takes is one or two people to lose control. In this particular instance, it was Lt. Josey who lost control."

Both the judge and Josey criticized the news media for the way the video was described and promoted.

Dugan, 52, a judge since 2007 and a decorated Army captain who served in Iraq and Afghanistan, said media "sensationalized the incident."

"This is not a social media contest. This is not trial by video," Dugan said.

"It is what it is," Josey said of the video. "The media put it out there one way and kind of distorted it, but it all worked out in the end."

District Attorney Seth Williams released a statement saying he respected Dugan's verdict "but I disagree with it."

"Let's be clear, there were no winners on that day in September. While I believe Jonathan Josey was guilty of simple assault, this is not the time to dwell on that and I hope as a community we can move past this," Williams added.

Inquirer staff writers Miriam Hill and Michael Matza contributed to this article.