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The Hughes brothers were accused of assaulting Franco in a Rochester nightclub in May 2011. Video surveillance captured the incident and that video was used as evidence in the bench trial before City Court Judge Stephen Miller.

Miller ruled Jason Hughes was not involved in the assault of Franco, but James was. Franco claimed he needed 13 stitches to close a cut above his eye and still suffers from occassional headaches.

"It's hard to find one guilty and not the other one, but that's how justice works, I guess," Franco said. "I'm thankful for the D.A. bringing it to trial and we spent a whole week and this is the outcome. That's how it goes."

"My client was trying to make peace. My client never threw any punches, did everything that he should have done. In the context of a bar fight where everyone was drinking and people saw different things and things that other people didn't see, I think it was the appropriate verdict in regard to Jason," said Larry Andolina, Jason Hughes' attorney.

James Hughes was sentenced to one year conditional probation and 50 hours of community service.

Andolina expects his client, who has been suspended with pay, to return to full duty with the Irondequoit Police Department.