Police Lieutenant Jonathan Josey won’t be moving to higher ranks within Philadelphia Police Department.

The city is set to promote 12 lieutenants to captain this month, according to Philly.com. But Lt. Jonathan Josey, 44, will not be among them, despite that he was second in line to be promoted.

Back in 2012, Josey was caught on video hauling off and hitting Aida Guzmán as she walked by him during the Puerto Rican Day parade. The blow was enough knocked her to the ground.

The lieutenant was later discharged for excessive force, charged with assault, and ultimately fired, only to be acquitted in February 2013 by Judge Patrick Dugan and later fully reinstated in the department.

Guzmán has since won a suit against the city for $75,000 in damages.

John McNesby, president of the Fraternal Order of Police Lodge 5, told Philly.com that he will fight for Josey’s promotion and guaranteed that he will be captain soon.