>>Video shows former VB officer punching mental patient; assault charge dismissed

VIRGINIA BEACH, Va. (WAVY) — 10 On Your Side has obtained the video used as evidence by the Commonwealth in the assault case against former police officer Jemarr Mosley, 25.

Despite scenes of Mosley punching a mental patient from bodycams and a surveillance camera — and Mosley’s admission that he struck the man — the charge was dismissed.

Mosley was among several officers watching mental patients in a dayroom Feb. 9 at Virginia Beach General Hospital.

One patient, described in court Monday as a “known spitter,” approached two officers, including Mosley, and spat at Mosley.

Mosley testified that he was once an amateur boxer in Philadelphia, and wasted no time in reacting. He hit the patient with a right cross and then punched him twice more as they fell to the floor.

Mosley said on bodycam video right after the incident: “He ain’t really hit me in my face, but the fact that he spit, I reacted on that. Punched him in the face with my right hand, dropped his ass. Then I continued to hit him down (on the floor). I don’t know how many hits I threw on him. That’s his blood on the ground.”

Mosley opted for a bench trial, and Judge James Lewis said he was very disturbed by the video and does not condone what happened, but dismissed the charge.

“This is not what Class 1 misdemeanors are made of,” he said, and had no comment Tuesday when we asked him to elaborate on his ruling.

Neither Mosley nor his attorney had any comment as they left the courthouse.