Pittsburgh, PA (October 27, 2018) BTN — Pittsburgh Mayor
Bill Peduto on Friday pushed back against Allegheny County District Attorney
Stephen A. Zappala’s characterization of the city police investigation of a
brawl between undercover officers and members of the Pagans motorcycle club.
Kopy's Bar in Pittsburg, Pennsylvania
Mr. Peduto called Mr. Zappala’s statement that he had
problems with police management “disappointing” and “unfortunate,” and said he
had not yet decided whether the undercover detectives used appropriate force
when they fought with four Pagans in Kopy’s Bar on the South Side on Oct. 12.
“What I saw is troubling, with the actions of escalation of
force that didn’t seem to be warranted, but without full evidence of what
actually happened, it’s very difficult to make that judgmental call,” Mr.
Peduto said. “And a district attorney’s role is to investigate first, then
comment; not comment and then do an investigation.”
Mr. Zappala said Thursday that Pittsburgh police initially
turned over only a small part of the video evidence in the case, and that his office did not
receive the rest for more than a week. Mr. Peduto said Mr. Zappala received all the evidence he
wanted within 48 hours of the request.
“I can understand why he would want information immediately,
but some of that had to be obtained by our officers, such as the cameras, the
video, and then compiled to be able to give that to him,” Mr. Peduto said. “I
think 48 hours is a fair amount of time.”
But Mr. Zappala’s spokesman, Mike Manko, said Friday it took
far longer than 48 hours. The DA’s office requested the evidence Oct. 18 and
received it Wednesday -- a day after the office was forced to postpone a
scheduled preliminary hearings for the Pagans. Additionally, Mr. Manko said, body
camera footage was delivered late Thursday afternoon.
“These requests are memorialized in dated emails,” Mr. Manko
said.
Mr. Peduto also said Kopy’s Bar was frequented by motorcycle
gangs and that area is “suspected of being a major trafficking area of illegal
drugs.”
Mr. Manko said police evidence does not support that
characterization of the bar, and an attorney for the bar, George R. Farneth II,
said Friday it’s simply not true.
“We categorically deny that allegation and would encourage
the mayor to come forward with all the evidence he has to support such an
allegation,” Mr. Farneth said. “Short of doing that, this is a veiled attempt
to cover for a police department for his city that in a lot of respects is out
of control, as evidenced by these police officers.”
Mr. Farneth said the bar has not been cited by the Liquor
Control Board or has needed to call police for more than a decade. Mr. Farneth
said Kopy’s Bar is not frequented by bikers.
“If you go on a regular day of the week, any day of the
week, the chances of a biker being in the bar are slim to none,” he said. “It’s
locals, everyday common folk.”
Six members of the Pagans motorcycle club were there Oct.
12., and four left in handcuffs. Frank Deluca, Erik Heitzenrater, Bruce Thomas
and Michael Zokaites each face several felony charges as a result of the fight,
which their attorneys contend was started by intoxicated undercover detectives.
Detectives Brian Burgunder, David Honick, Brian Martin and
David Lincoln had been drinking in the bar from 7:33 p.m. until the fight about
12:40 p.m., surveillance video shows.
Police officers are prohibited from drinking alcohol while
on duty, but Mayor Peduto said Friday there is an unwritten understanding that
undercover officers can drink while on the job to maintain their covers.
“That being said...someone would be expected while doing
undercover work to be able to consume while still being able to properly
respond,” he said. “And not being in a situation where the intoxication level
would jeopardize themselves or other officers. That’s what we’re looking at
right now. There isn’t a policy in place, it’s a common sense call.”
Attorneys for the men arrested say each of the undercover
detectives drank between 13 and 19 drinks, many on the rocks, before the fight
broke out.
The mayor said he’s asked Pittsburgh police Chief Scott
Schubert and Public Safety Director Wendell Hissrich to create an alcohol
policy for undercover officers by looking at how other cities handle the
matter.
Mr. Farneth on Friday called on police to be more
transparent and said they should release body camera footage from uniformed
officers who responded to the fight to resolve any lingering questions about
how the incident and subsequent investigation were handled.
The affidavit in the case, written by Detective Burgunder,
was not finished and filed in City Court, Downtown, until 1 p.m. Oct. 12 --
nearly 12 hours after the fight. The document was approved by the District
Attorney’s office about 11 a.m.
That timeline appears to violate Pittsburgh police policy,
which typically requires officers to finish reports before the end of their
shifts. Defendants cannot be arraigned or processed at the jail until the
police affidavit is filed. Court records show the Pagans were arraigned about
6:40 p.m. Oct. 12.
Pittsburgh police spokesman Chris Togneri would not say
Friday whether Detective Burgunder was granted permission to wait to file the
paperwork. Elizabeth Pittinger, executive director of the Citizen
Police Review Board, said Friday the end-of-shift policy helps ensure that
officers can accurately recall what happened.”
“I think it’s inappropriate that it was filed so late and I
believe it’s also contrary to the policy expectation that the report be
completed prior to the end of shift, and with the rare exception and with a
supervisor's approval,” she said.
