By Sean Yoes, Baltimore AFRO Editor,

A Baltimore police officer who was cleared earlier this month of assault and misconduct charges during a violent arrest last year, is back in trouble.

Officer Kevin Battipaglia was caught on bodycam video on Christmas Eve 2017 smashing Darrian Carr, 21, in the face with his baton, breaking his jaw and knocking him unconscious. Carr was on the ground motionless for several moments with blood flowing from his head as his friends loudly lamented his fate as he was being arrested by Battipaglia. Carr’s injuries ultimately required surgery and caused permanent damage according to his attorney Latoya Francis-Williams. At the time Battipaglia’s attorney argued it was an accidental collision. However, the Baltimore City State’s Attorney’s Office charged him with first degree assault and misconduct in office. He was suspended by the Baltimore Police Department (BPD) without pay. But, earlier this month on Oct. 11, Battipaglia was found not guilty on all counts.

Officer Kevin Battipaglia (Courtesy photo)

However, less than three weeks after Battipaglia was cleared of the charges connected to that controversial arrest in 2017, he faces internal BPD charges of destruction of property, which occured during an alleged moment of rage in reference to an interaction with fellow officers on Oct. 28 at the Northeast District precinct. He was charged with malicious destruction of property (property damage less than $1,000) by the Baltimore City State’s Attorney Oct. 30.

According to BPD documents obtained exclusively by the AFRO, Battipaglia reacted violently when he was informed by a BPD lieutenant that he would not be permitted to take leave on Halloween (Oct. 31). Battipaglia allegedly wanted to take leave to attend an out-of-state wedding.

“…he immediately became highly upset. Officer Battipaglia then threw his personal cell phone, which landed on the floor in front of the front desk podium. Once Officer Battipaglia walked to the front of the podium to pick up his cell phone he then kicked his…foot through the front desk podium causing the underneath of the desk to break…” the report states.

The police report states further that a fellow officer attempted to “calm Officer Battipaglia down, but ultimately (the officer) removed myself because I didn’t want to be around his behavior anymore.”

However, according to the report, Battipaglia’s anger over his denial of leave time escalated.

“At the time I told Officer Battipaglia that the damage (to the podium) didn’t look too bad and he then responded by saying, “Look at what I did to the front door.””

The officer who wrote the report documenting Battipaglia’s behavior turned to discover “the front glass door was broken…Officer Battipaglia stated “Don’t worry you weren’t here and you didn’t see it happen so you won’t get in trouble,”” according to the report. Battipaglia presumably smashed a precinct window in a fit of anger over his leave request being denied.

Battipaglia’s trial is scheduled for Dec. 10.

Sean Yoes

AFRO Baltimore Editor