Pohorence’s attorney, Mike Dutko, tells CNN that the video “does not reflect the full circumstances.”
“I urge people to slow down before reaching firm conclusions,” Dutko told CNN in a phone interview. “We need to see the rest of everything.”
Fort Lauderdale Police Chief Rick Maglione announced in a statement that after the court case, the department’s Office of Internal Affairs “will complete an administrative investigation to determine whether any departmental policy was violated.”
According to a press release from State Attorney Michael J. Satz’s office, prosecutors decided to file the misdemeanor charge “after reviewing the victim’s medical records to see if her injury was under the legal requirements for a misdemeanor or serious. “
“To file a felony charge, prosecutors would have to be able to prove ‘major bodily injury, permanent disability or permanent disfigurement’ under the battery statute,” state attorney spokeswoman Paula McMahon told CNN in an email. electronic. “As in any criminal case, if we receive additional evidence, we will reevaluate it.”
Dutko says his client was not part of the police unit that was working near protesters that day. Pohorence was there because he had been called to the scene to help an officer who had been trapped in a patrol and surrounded by protesters, his lawyer said.
Battery charging comes when the police response to protests across the United States, many of which have been caught on camera, is under intense scrutiny.
Pohorence was suspended on pay after the incident. Dutko says that as a result of charging the misdemeanor battery, his client is now suspended without pay.
According to Dutko, Pohorence has worked at the Fort Lauderdale Police Department for about four to five years, after working with the Florida Highway Patrol.
Four days after the incident, Officer Krystal Smith posted a photo showing that he was scolding his fellow officer for his action.
“As cliche as it sounds, I stick to the saying, ‘Be the change you want to see,'” he wrote on Instagram. “We cannot continue to complain and be unwilling to help bring about change. There may be times when we do not have the power to prevent injustice, but there should never be a time when we see injustice and do not control it.”
CNN has contacted Officer Smith for comment through the Fort Lauderdale Police Department, but has not yet received a response.
The newspaper reports that Internal Affairs refused to move forward with Pohorence’s complaint.
CNN has asked the Fort Lauderdale Police Department to release those records to CNN, but they have not yet responded to the request.
Dutko said he was aware of the reports but was unable to corroborate them, saying he has not been the center of his conversations with his client.
It is unclear when Pohorence’s first appearance in court might be; Covid-19 has had a significant impact on court schedules and processing. Dutko believes the case will begin in mid to late July.
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