Six jurors delivered a not guilty verdict Thursday for a Hollywood police officer charged with battery following a rough drug arrest three years ago.
Officer Matthew Joseph Barbieri has been on administrative leave without pay from the police department since the arrest, according to his lawyer.
"[Getting] his job [back] is a question he's going to have to wrestle with, with the City of Hollywood," said David Bogenschutz, after the not guilty verdict. "I think an acquittal on the actual charge seems to make it favorable to do that."
Bogenschutz estimates Barbieri is owed three years back pay or more than $250,000.
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Barbieri was seen in surveillance video slapping and grabbing Raymond Schachner Jr. by the throat in Schachner’s father’s home on Aug. 6, 2019.
During closing arguments, prosecutors said Barbieri went too far.
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They pointed out he was twice the size of Schachner who was naked, high on heroin, belligerent, and handcuffed behind his back.
“What we have here is a situation of cop who’s abused his power taking advantage of an individual who’s not likable, who’s not important and who deserved better,” said Broward assistant state attorney Kayla Bramnick. “Every human being deserves the same dignity, and not to be assaulted and choked.”
Bogenschutz spent most of his closing argument focusing on Schachner’s behavior that provoked Barbieri’s non-lethal response.
The suspect is seen in the video yelling, struggling, resisting, pleading, arguing, and allegedly kicking rookie Officer Dionte Roots and lunging at Roots' partner Barbieri.
“If any of that gives you a reasonable doubt, your verdict is not guilty, plain and simple, case closed,” Bogenschutz said.
The state’s rebuttal pointed out Schachner was not the one on trial.
“That’s the kind of person Matthew Barbieri preys upon,” said Broward assistant state attorney Lindsay Carrier. “Imagine if we didn’t have a video in this case. Could we file charges?”
Police must be held accountable, she said.
It took the jury less than three hours to acquit Barbieri. If he had been convicted, he would have faced up to a year in jail.
