Two police officers in Westmoreland County investigated about beating of suspect
Two Westmoreland County police officers are being investigated after a cell phone video appears to show them punching and stomping on a suspect after a chase and arrest last week.
The officers, one from New Kensington and one from Arnold, have not been named and police will not comment.
But both have been placed on leave pending the outcome of an investigation by the district attorney's office in Westmoreland County.
District Attorney John Peck said through a spokesperson Tuesday that the office will have no comment beyond the fact that it is investigating the incident.
Several officers fought with Justin Harvey, 40, of New Kensington on Thursday after they say he fled a traffic stop and admitted to them that he had been smoking marijuana.
Police said he initially drove away from the stop, led police on a chase, bailed out and ran, pulled a gun and resisted arrest once he was cornered and taken to the ground.
Mr. Harvey's lawyer, Todd Hollis, said several officers used excessive force in taking him into custody, shocking him with a Taser and then kicking and stomping on him after he was handcuffed on the ground.
"My client at one point is heard saying 'I'm not resisting,'" Mr. Hollis said. "He says 'I can't breathe.' One cop can be heard saying 'good.'"
Mr. Hollis said two women at the scene recorded parts of the incident with their cell phones. One video posted on Facebook appears to show an officer punching Mr. Harvey in the side while he is on the ground. A second officer is seen a few seconds later stomping on his back after he appears to be in handcuffs. An officer then grabs Mr. Harvey in what looks to be a choke-hold and walks him to a police car.
Mr. Hollis said he will not comment on the actions that led to the chase and the scuffle, including whether his client pulled a gun as police allege or resisted arrest as they say he did.
An affidavit supporting Mr. Harvey’s arrest identifies the arresting officer as Wesley Biricocchi, son of Arnold’s mayor. The other Arnold officer identified is Joshua Stanga. The New Kensington officers who assisted are not named.
Officer Biricocchi said he pulled Mr. Harvey’s car over after he saw it swerve into the wrong side of 16th Street and nearly hit the sidewalk. When he talked to Mr. Harvey, he said he smelled marijuana and said Mr. Harvey admitted smoking it. When Officer Biricocchi said he would search the car for pot, he said Mr. Harvey indicated he had “more than a little” marijuana. The officer then ordered him out, but he said Mr. Harvey started the car and started driving away.
A chase began involving several police units and ended on Proctor Alley, where Mr. Harvey stopped the car and took off on foot.
Officer Biricocchi said as Mr. Harvey ran, he pulled a handgun. When Officer Biricocchi drew his own gun and ordered Mr. Harvey to drop his, he said Mr. Harvey threw the weapon over a fence. Officer Biricocchi said Mr. Harvey stopped but refused to lie down as ordered at gunpoint, so the officer took him to the ground. He said he and Officer Stanga tried to arrest Mr. Harvey but that he continued to fight with them while on the ground and tried to tuck his arms under his body so they could not handcuff him.
Officer Stanga then shocked Mr. Harvey with his Taser, but Mr. Harvey grabbed it and tried to take it from him, according to the affidavit, causing it to come into contact with both officers. Officer Biricocchi said officers struck Mr. Harvey in the ribs to get him to release the Taser.
Officer Biricocchi said he then lifted Mr. Harvey from the ground and walked him to his patrol car, but said even then Mr. Harvey continued to resist until placed in the car. The handgun was later found to have been stolen in Ford City.
Mr. Hollis said the alleged actions of his client before he was subdued don’t matter. If police abuse a suspect after he is in custody, as he said the video shows, it constitutes a violation of his civil rights.
He said Mr. Harvey was treated at a hospital for a collapsed lung, burn marks from Tasers, head trauma and leg trauma.
He said he is preparing a federal suit against the officers.
