Erik Heitzenrater, 28, of Hampton, names detectives Brian
Burgunder, David Honick, David Lincoln and Brian Martin along with the city of
Pittsburgh and Allegheny County Sheriff William Mullen.
The federal suit is the second filed in regard to fight at
Kopy's Bar between cops and the Pagans.
Related | FBI investigating Pagans MC bar fight
Frank DeLuca, a Pagan from Greenfield seen on video being repeatedly beaten, sued last week on claims that his civil rights were violated. Mr. Heitzenrater's suit raises similar allegations, saying the police officers were drunk and initiated the fight with the bikers.
Like Mr. DeLuca, he also claims false arrest and
imprisonment, saying police lied in a complaint against him and his friends. He
also says the sheriff's office improperly revoked his license to carry a gun
after the incident. Mr. Heitzenrater's suit says the police had been drinking
heavily in the bar on Oct. 11, starting at 7:30 p.m. The complaint, filed by attorney Martin Dietz, says
Detective Honick had at least 13 drinks; Detective Burgunder had 19; Detective
Martin had 14 and Detective Lincoln had seven.
Mr. Heitzenrater said Mr. DeLuca and another Pagan, Michael
Zokaites, first entered the bar at 11:41 p.m. and ordered drinks. The suit said
Detective Honick, who was seated at the bar near the door with the other
police, noticed their Pagans jackets and "appeared to have some sort of
fascination with DeLuca and Zokaites."
The bikers went to the back room to play pool.
Mr. Heitzenrater came into the bar next. He said Detective
Honick noticed his jacket and turned to the other officers to say something. Two other Pagans also came in and ordered drinks. Detective
Honick shook their hands and talked to them briefly, according to the
complaint. Another Pagan, Bruce Thomas, then came in and stood next to his
friends, after which they all went to play pool.
At 12:21 a.m. on Oct. 12, the complaint says, Detective
Honick grabbed the bartender by the back of his head and said he and the others
were police officers and there was going to be trouble with the Pagans. He told
the bartender that the Pagans were staring and pointing at the officers, but
the complaint says the bartender said he didn't see any such behavior.
Detective Martin went to the pool room and talked to some of
Mr. Heitzenrater's friends, then walked back to the police and raised his arms
as if showing off his strength. Detective Martin and several other officers
briefly returned to the pool area to talk to the Pagans some more, then went
back to the bar.
At 12:31, two of the Pagans left the bar and waved to the
officers, at least one of whom waved back, the complaint says.
A few minutes later Mr. DeLuca and Mr. Zokaites walked
outside so that Mr. DeLuca could talk on his cell phone. When they came back
into the bar, according to the complaint, Detective Honick turned towards them
and stared at them.
At 12:36 a.m., tension mounted when Detective Honick lifted
his shirt to show a gun his waistband, the complaint says. Nearby, Detective
Burgunder also placed a gun in his waistband after receiving a clip from
Detective Lincoln.
The complaint says Detective Lincoln, meanwhile, tried to
calm Detective Honick, and shook Mr. DeLuca's hand. Mr. DeLuca also shook
Detective Honick's hand, but the detective began arguing with the biker while
handling the gun, according to the complaint.
The situation then escalated, with Detective Martin now
yelling at the bikers as well. At 12:40, Mr. DeLuca pushed Detective Honick,
and a melee erupted. Uniformed officers who had arrived a few moment earlier
tried to pull Detective Honick away but didn't obey them and attacked Mr.
DeLuca, the complaint alleges.
Mr. Zokaites tried to help his friend but was struck with a
Taser and fell to the ground, where according to the complaint Detective Martin
began punching him. Detective Martin also threw Mr. Thomas into some bar stools
as the fighting progressed.
Mr. Heitzenrater said that Detective Honick approached him
during the brawl and raised his fist as if to hit him, but Mr. Heitzenrater
said he put his hands up to show he had a splint on his left hand and didn't
want to fight.
At that point, according to the complaint, Detective Honick
turned away to punch Mr. DeLuca. But Detective Martin then swore at Mr.
Heitzenrater and punched him twice in the head, knocking him down. As he lay on
the ground, he said Detective Martin taunted him and claiming that Mr. Heitzenrater had grabbed
him.
Video of the incident shows no grab, according to the
complaint.
After the fight, Mr. Heitzenrater and his friends were
arrested on assault charges and jailed. The Allegheny County district
attorney's later dropped those charges.
The FBI and U.S. attorney's office are examining the case
for possible civil rights violations against the police.
SOURCE: Pittsburgh Post-Gazette