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State’s Attorney informed Baltimore Police department on the decision to charge Officer Kevin Battipaglia in an incident that occurred on December 24, 2017 during an arrest. - Original Credit: Baltimore Police handout
State’s Attorney informed Baltimore Police department on the decision to charge Officer Kevin Battipaglia in an incident that occurred on December 24, 2017 during an arrest. - Original Credit: Baltimore Police handout (Baltimore Police handout / HANDOUT)

Baltimore Police Officer Kevin Battipaglia was cleared this month of assault, but the 33-year-old cop is due back in court after he allegedly “mule kicked” a hole in the front desk of his police station when told he had to work Halloween night.

Battipaglia is charged with destruction of property over his alleged eruption Sunday at the Northeast District police station. Police wrote in charging documents that he caused $600 in damage to the desk and a glass door.

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Online court records did not list his attorney. Battipaglia did not respond to a request for comment sent through a police spokeswoman.

About three weeks ago, a Baltimore Circuit judge acquitted the officer of assault during a foot chase Christmas Eve in a Northeast Baltimore. He had been accused of clubbing 21-year-old Darrian Carr with his baton after the chase.

A city police officer was acquitted Thursday of first-degree assault in a Christmas Eve incident in Northeast Baltimore by a Circuit Court judge following a three-day bench trial, his defense attorney and the city police officers’ union said.

Battipaglia’s attorneys argued that the tip of the officer’s baton struck Carr accidentally when the two collided while sprinting. The defense attorneys called a forensic pathologist who told the court that Carr’s injury was smaller than if Battipaglia had struck him with the broad side of the baton.

Witnesses said they couldn’t tell if Battipaglia intentionally hit Carr. Circuit Judge Dana Middleton found him not guilty after a three-day trial.

On Sunday, Battipaglia became irate and argumentative when a lieutenant told him he had to work Halloween, according to charging documents.

“Battipaglia threw his cell phone to the ground from behind the front desk,” police wrote. “While retrieving it, he then 'Mule Kicked' the front of the front desk punching a sizable hole in it. Due to kicking the desk with such force he created a mess of the desk and fractured drywall.”

Baltimore Police Officer Kevin Battipaglia was red-faced and out of control when he chased and clubbed a 21-year-old man in Northeast Baltimore on Christmas Eve, splitting the man’s lip and knocking out his teeth, a city prosecutor said in court Tuesday.

Police wrote that Battipaglia cleaned up the mess with a broom and dust pan. Then he allegedly smashed the front door while leaving.

“From the impact of his hand, the glass door ‘spider-webbed,’” police wrote.

He came back and tried to cover up the hole in the desk by taping a poster over it, police wrote. But he was captured on surveillance cameras in the station.

Police could not immediately say Tuesday what Battipaglia’s employment status is. He’s scheduled for trial Dec. 10 in Baltimore District Court. He faces a maximum penalty of 60 days in jail and a $500 fine.

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