PORTSMOUTH, Va. — The case against a Portsmouth police officer accused of assault during an incident caught on camera will not move forward.
A judge dismissed the charges against Detective Mario Hunter on Friday.
Hunter faced simple assault and battery charges, a misdemeanor, for an incident captured on another officer's body camera in October.
The video shows Hunter's fist make contact with the face of a man being detained by other officers.
Hon. Bruce Clark said there is not enough evidence to prove Hunter meant to hit the man, and he threw out the charge during an hearing in Portsmouth General District Court.
The incident stemmed from an undercover job on Oct. 13 near the Marsh Landing Apartments on George Washington Highway. Hunter and another detective were conducting surveillance on a homicide case from inside a parked van around 1:30 a.m.
The pair said they heard a vehicle park next to their van, and soon, saw and heard two men attempting to break into the van. Hunter and the detective testified that they heard someone threaten to shoot at the vehicle if they did not open the door.
The detectives called for backup, and other officers arrived on the scene shortly after.
Other responding officers, who are not being named in this report, told the judge that they saw two men near the van.
They said one of the men started running away and initially ignored the officers' commands. The man, who also testified in court, admitted to running and resisting officers, at first.
But shortly after, a pair of officers got the man on the ground and began to detain him.
Footage captured on police body camera and released by Interim Police Chief Stephen Jenkins in October shows an officer begin to place the man in handcuffs. That's when Hunter, in plain clothes, can be seen approaching them.
In court, Hunter admitted to hitting the man in the face with his fist but called it an accident. Hunter testified that he intended to help his colleagues detain a person that he believed may be armed, based on the threats Hunter said he heard from inside the van.
Prosecutors argued the man was compliant, on the ground and already being detained by two detectives when Hunter approached them.
In the video, another detective can be heard suggesting the man being detained was following instructions. However, none of the officers who testified Friday said they witnessed Hunter strike the man.
Ultimately, the judge said there wasn't enough to prove Hunter's intent beyond a reasonable doubt, and he noted the man did not have any noticeable injuries.
He did not have to go to a hospital, said a Portsmouth Police Department spokesperson after the incident occurred.
In October, Jenkins told 13News Now their findings showed that the man struck in the head ended up having nothing to do with the threats made or damage to the van. In court, attorneys for the Commonwealth noted the man was not charged.
Then, Jenkins said Hunter's actions were "absolutely not" warranted.
"This unfortunate incident is isolated and one that should not be considered indicative of everyday actions associated and done by the officers that serve this community," the interim chief said.
When police released the video, Jenkins said they suspended Hunter without pay, pending an investigation.
Friday, a department spokesperson confirmed Hunter remains employed with the department and an internal investigation is ongoing. It is unclear if he remains on unpaid suspension.