The fight, which was caught on surveillance video on Oct. 12
at Kopy’s Bar, involved members of the Pagan Motorcycle Club and undercover
officers.
“The video posed problems for law enforcement, as a result
of the actions that occurred there. I think that… I was looking forward for an
opportunity to start cross-examining the officers,” said defense attorney Lee
Rothman.
Photo Credit: KDKA
Following the fight, Rothman’s client, Frank DeLuca, a known
member of the Pagan Motorcycle Club, and three other members were charged with
aggravated assault, conspiracy and riot.
But the Allegheny County DA’s Office released a statement
Wednesday, saying those charges have been withdrawn based on evidence.
The full statement goes on to say they reserve the option to
re-file the charges, and acknowledged the uniformed officers who responded to
the incident:
“This afternoon our office withdrew all charges filed
against 4 individuals in the wake of an altercation inside of Kopy’s Bar on
Oct. 12, 2018. The withdrawal of the charges was based on evidentiary reasons
and issues and our office reserves the option of refiling. Our office wishes to
acknowledge the actions of the uniformed officers who responded to the
altercation, doing so in a calm and professional manor despite being faced with
a chaotic situation.”
Last month, defense attorneys said it was the undercover
officers who should be charged in the incident. The attorneys say the officers
were allegedly drunk, brandished firearms and provoked the entire
confrontation.
DeLuca was seen in the video being pinned in place against the bar while an unidentified undercover officer repeatedly punched him in the head.
DeLuca’s attorney said Wednesday that his client never
should have been charged.
“Those undercover officers acted in a manner that, I
believe, was excessive, and that caused injuries to my client,” said Rothman.
The Pittsburgh Bureau of Police issued this statement
Wednesday night in response to the charges being withdrawn:
“We respect the District Attorney’s decision to withdraw the
charges, with an option to refile later. “The PBP takes all incidents that involve the use of force
seriously, which is why we always conduct full reviews when such force is
required. These internal investigations are a part of our protocol.
“We also prioritize transparency, which is why we asked OMI
and the FBI to further investigate this matter. If it is determined that
internal discipline or administrative actions should be taken, such actions
will be taken. “The public and our officers deserve an impartial
examination of the facts. There are three separate independent investigations
regarding this incident, and we continue to cooperate with each of them.”
District Attorney Zappala and U.S. Attorney Scott Brady met
last month about opening a possible federal probe into the incident.
SOURCE: KDKA2