Philly Cop Brothers Chased, Assaulted Man With Asperger's: DA

Philadelphia PA

01 April, 2021

12:22 PM

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PHILADELPHIA — Two brothers, one a Philadelphia Police Inspector and the other a former police detective, have been charged with the assault of a man with Asperger's syndrome, authorities said Thursday. The inspector is set to be fired after a 30-day suspension. The Philadelphia Police Department and District Attorney's Office Thursday announced Inspector James Smith was arrested by the department's Internal Affairs Division after investigation of an assault that occurred on Aug. 19, 2020. Additionally, former police detective Patrick Smith, 52, was charged in connection with the incident. James and Patrick Smith are brothers, the DA's office said. On that date, James Smith and Patrick Smith knowingly or recklessly caused bodily injury to a 27-year-old man with Asperger's syndrome, a form of Autism, and recklessly engaged in conduct which placed the complainant in danger of serious bodily injury, authorities said. The pair, in a vehicle, chased the man just after midnight on Aug. 19 2020. The chase stopped in a shopping center parking lot at Fairdale Road and Knights Road in Northeast Philadelphia then continued on foot, authorities said. James and Patrick Smith, who said they were part of a "Town Watch," are accused of then pushing the victim into a wall, slamming his face into a pillar, and then forcing him to the ground, causing his head to hit the ground, authorities said. The victim suffered a black eye and abrasions on the back of his head, elbows, and knees, according to the DA's office. The DA's office said before the assault, the victim called his mother, who said she heard a voice say "hold his legs," before the call abruptly ended. She then used a cell phone app to track his location to the shopping center parking lot where the incident occurred. When the victim's father arrived to the scene, the brothers again identified themselves as "Town Watch," the DA's office said. This incident occurred while Smith was in off-duty status, having stopped the complainant without cause and/or in violation of department policy and procedures. Smith is 52-years-old and a 30-year veteran of the police department. He was recently assigned to the Forensic Science Bureau. Philadelphia Police Commissioner Danielle Outlaw has suspended Inspector Smith for 30 days with the intent to dismiss at the end of the 30 days. "The allegations against Inspector Smith occurred while he was off-duty, in addition to being on long-term Injured On-Duty status," Police Commissioner Danielle Outlaw said. "The charges against Inspector James Smith are disturbing, and allege behavior that is in stark contrast to everything that society expects of its police officers. We cannot allow the actions of a few to tarnish the reputations of the overwhelming majority of our officers that discharge their duties with integrity." "The allegations here involve vigilantism and brutality against civilians, which cannot be tolerated in the City of Philadelphia," District Attorney Larry Krasner said. "It is truly disturbing that the victim, who has Asperger syndrome, may have struggled to communicate his distress and fear. 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. This remains an active investigation, and as with all criminal investigations at this stage, the defendants are presumed innocent until proven guilty in a court of law."