Former police officer found not guilty

Pennsylvania Common Pleas Judge Matthew Carrafiello found former University Police Officer Thomas McDade not guilty today of the alleged beating of Drexel University graduate Gregory Peifer. McDade was charged October 11 with felony aggravated assault and was dismissed from the University Police force for the September 16 incident, which occurred outside the FUBAR nightclub located at 38th and Chestnut streets. At a November 21 hearing, Peifer testified that after he tried to leave FUBAR by a side door, McDade punched and kicked him while he was on the ground. Peifer suffered a broken jaw and was treated at the Hospital of the University of Pennsylvania. Fraternal Order of Police President Dave Ball said he had expected McDade to be exonerated of the charges, adding that the incident would be remembered as a bad experience for both parties. Yesterday's trial lasted only three hours. The prosecution presented four witnesses to the judge, including Peifer, a friend of his who was present during the incident, and two character witnesses. The defense also presented four witnesses, including former FUBAR employee David Treat, who graduated from the College in December, and the club's owner, Jim Millspaugh. Director of Police Operations Maureen Rush said she thought all of the witnesses were very credible. She added that the judge found McDade not guilty because there was a reasonable doubt as to his culpability. Millspaugh testified yesterday that Peifer was intoxicated during the time of the incident, and apparently tried to leave through the wrong door after he was cut off from the bar by the bartender. Treat was attempting to stop him from exiting from the side door when Peifer put him in a head lock, Millspaugh explained. Millspaugh said he then intervened in the fight in order to defend his employee, and proceeded to move outside away from customers. McDade and University Police Officer Frederick Ricelli were outside of FUBAR, according to Millspaugh, who added that they were off duty. Peifer apparently swung at McDade, injuring him in the eye. McDade, unable to see very well, hit Peifer in the jaw "in self-defense," Millspaugh said. Millspaugh also added that he was prevented from making a statement in McDade's defense to detectives investigating the incident before the trial. Ball said there will be an arbitrary decision panel on McDade's possible reinstatement to the University Police force. The panel will listen to the same facts that were presented during the trial. Ball added that he believes the decision will come down in favor of McDade because there was no evidence of misconduct.