RI cop's assault conviction vacated

PROVIDENCE, R.I. (WPRI) - A Providence police detective convicted of felony assault with a dangerous weapon had his conviction vacated Tuesday.

Judge Francis Darigan declared a mistrial in the case after a state prosecutor "went overboard" during closing arguments.

The judge said the prosecutor told jurors a witness' comment that he had decided to keep out of the trial.

Detective Robert DeCarlo was convicted back in April of beating Luis Mendonca in October of 2009. He was acquitted on simple assault charges.

Prosecutors said DeCarlo beat Mendonca while handcuffed with a flashlight. DeCarlo's attorneys say he used approved techniques to subdue what he thought was a resisting suspect.

• Video at the center of the investigation

DeCarlo claimed he used necessary forced to subdue Mendonca, because he was resisting arrest.

• Read the entire court documents

Attorney General Peter Kilmartin responded to Judge Darigan's decision by saying, “We respectfully disagree with the decision by Justice Darigan to grant the defense motion to pass the case. Further, I am confident in the case presented by the State, which led to the conviction of Robert DeCarlo by a jury after a complex and difficult case.”

Kilmartin says the state will proceed with retrying the case or will appeal Judge Darigan's decision.