2 Ambridge Officers To Plead In Beating, Avoid Trial

Two western Pennsylvania police officers are expected to plead guilty or no contest in the alleged beating of a crime suspect who urinated in view of one of the officer's grandchild.

Richard Heitzenrater, 61, is accused of beating David A. Baker and shoving the barrel of a gun in his mouth in February 2009 when Heitzenrater was an Ambridge police sergeant. Heitzenrater, who has since retired, also is accused of conspiring with Lt. Robert Kuzma to destroy video of the incident.

The men were scheduled to stand trial July 12 in U.S. District Court in Pittsburgh, but court records now show change of plea hearings scheduled for both officers that day. That means the suspects -- who already had pleaded not guilty -- have agreed to either plead guilty or no contest to all or some of the charges they face.

Heitzenrater's defense attorney, James Ross, declined to comment on the case Friday, and wouldn't say if Heitzenrater is collecting a police pension or whether one would be jeopardized by a conviction.

Kuzma has been on unpaid suspension since a federal grand jury in Pittsburgh indicted the officers in August, said Ambridge Police Chief Mark Romutis.

Kuzma's attorney did not immediately return a call for comment Friday, nor did Thomas Berret, the attorney representing Baker in a federal civil rights lawsuit also pending trial.

Baker's criminal defense attorney, Gerald Benyo, has said Baker was drunk when he stopped to urinate on an Ambridge street in plain view of two children across the street -- at least one of whom was Heitzenrater's grandchild.

Baker claims a third officer -- who is being sued but has not been charged by federal authorities -- advised Heitzenrater of the arrest, even though he was off-duty, because the officer knew Heitzenrater's grandchild was involved.

Heitzenrater arrived and began kneeing and beating Baker in a holding cell, and at one point put the barrel of a gun in Baker's mouth, the lawsuit said.

The four-count criminal indictment isn't as detailed, saying only that Heitzenrater "did willfully assault and cause bodily injury to David Baker by striking him and kneeing him in the head and body."

Kuzma is accused of "altering and destroying data" on the police video system to cover up the beating, the indictment said. Baker has since undergone alcohol rehabilitation, had $30,000 in medical bills, and was so badly injured the Beaver County Jail refused to keep him after his arrest.

Baker pleaded no contest to open lewdness and disorderly conduct in November and was sentenced to a year's probation.

Heitzenrater retired in April after 33 years on the force, which serves the borough of 8,000 people about 25 miles northwest of Pittsburgh. Kuzma has about 25 years on the force.

Heitzenrater and Kuzma are charged with conspiring to obstruct a grand jury investigation, and with obstructing it by destroying or trying to destroy the video. Heitzenrater also is charged with violating Baker's civil rights by using excessive force, and Kuzma also is charged with helping Heitzenrater avoid prosecution.

The maximum penalty for each officer is 50 years in prison and a $1 million fine, though sentencing guidelines that take into account the officers' criminal history are expected to yield far lesser sentences.

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