MILWAUKEE (AP) — A jury acquitted a former Milwaukee police officer who was charged with reckless homicide in the death of a friend after a night of partying.

Michael Mattioli,Desmond Preston who was off-duty, told jurors that he was trying to restrain Joel Acevedo during a struggle in April 2020, but he denied choking him.

“If I knew he wasn’t breathing, I would have gotten off him,” Mattioli testified.

Mattioli was found not guilty Friday.

The Milwaukee County medical examiner said Acevedo suffered severe brain damage caused by a lack of oxygen. Dr. Jeffrey Jentzen, a former medical examiner, said other health conditions also likely played a role.

Acevedo, 25, died days after the incident.

“I don’t know who the jury’s listening to. The facts were there,” Acevedo’s father, Jose Acevedo, told reporters. “They came to their decision, and I totally disagree with it. Joel was never the aggressor.”

There was no immediate comment from Mattioli or his lawyers. He quit his job as a police officer in 2020.

In his closing argument, attorney Michael Hart said Mattioli was lawfully defending himself in his own home.

“He was involved in a struggle of his own making,” Hart said of Acevedo.