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Police watchdog group calls for release of video reviewed in Joey Porter case

PITTSBURGH — The Pittsburgh Citizen Police Review Board, which has already launched its own investigation into the arrest of Steelers assistant coach Joey Porter, is now calling for the release of all video reviewed in the case that led the Allegheny County District Attorney’s Office to drop the most serious charges initially filed against the former player.

Beth Pittinger, executive director of the police watchdog group, told Channel 11 News that the board wants all video that Pittsburgh acting police chief and the DA reviewed to reach their conclusions in the case to be released to the public.

The DA on Thursday announced that Porter will be charged with summary disorderly conduct and summary public drunkenness.

The charges stem from an incident over the weekend. In a statement, the DA said:

"Today, our office was able to view surveillance video showing multiple angles of the events that led to the arrest of Steelers coach Joey Porter. Following that review, it is the position of the office that the only charges supported by the video are summary disorderly conduct and summary public drunkenness. 
 
“Our office will proceed on those charges, and barring any additional evidence that is brought forward, we will withdraw the other charges at the appropriate time."

Porter was arrested Sunday night at a bar in Pittsburgh’s South Side just hours after the Steelers defeated the Miami Dolphins in the opening round of the NFL playoffs.

Steelers general manager Kevin Colbert released the following statement Monday afternoon in regard to Porter’s arrest:

“We are continuing to gather information concerning Sunday night’s incident involving Joey Porter. We have been and will continue to be in communication with the NFL as is required by the Personal Conduct Policy. Pending further review, Joey Porter has been placed on leave. At this time, we will move forward with our preparations for the Divisional Round playoff game at Kansas City.”

A summary offense is similar to a traffic ticket. If Porter is found guilty, the penalty typically involves a fine of up to $300 per offense.

Officials said the key to the charges was surveillance video from bars and restaurants. Sources told Channel 11 News the video is very clear and great quality. The district attorney reviewed and determined that the altercation did not rise to a felony.

Fraternal Order of Police President Bob Swartzwelder disagreed with the district attorney's decision to drop to most serious charges initially brought against Porter.

"I find it interesting that the district attorney determined that an individual putting his hands on an officer is not committing an assault. I'm amazed that the DA could determine the outcome of a criminal case in four days," Swartzwelder said in a statement to Channel 11.

Criminal Complaint Details

Police were called Sunday by security guards at The Flats on East Carson Street about an unruly customer who they said was assaulting the doorman. Police identified the man as Porter, who is the Steelers' linebackers coach and a former player for the team.

According to a criminal complaint obtained by Channel 11 News, Porter was trying to get into the bar, but the doorman told Porter, “Last time you were here, you threatened to kill me. You need to leave.”

The complaint said that Porter lunged at the doorman, grabbed him by the arms and lifted him off the ground. Police and people with Porter intervened, and Porter dropped the man, according to the complaint. Police said that Porter then grabbed an officer’s wrists and would not let go. When Porter released his grip, the officer called for backup and arrested Porter.

Porter, 39, was taken to the Allegheny County Jail and initially charged with aggravated assault, simple assault, resisting arrest and public drunkenness. He was arraigned and released from jail after he posted $25,000 bail early Monday.

Porter’s Attorney Reacts to Dropped Charges

Bobby DelGreco, Porter’s attorney, said Thursday that he is relieved the district attorney agreed to withdrawal the most serious charges of aggravated assault and resisting arrest.

When Channel 11 News asked DelGreco if he believed this was a case of an overzealous police officer, DelGreco said, "I don't want to get in to that. I've known the police officer for quite some time. I'm sure he filed the charges with good faith."

Officer Paul Abel said Porter grabbed his wrist and wouldn't let go after shoving the bouncer, who refused to let him into the bar. Abel charged Porter with felony aggravated assault, but DelGreco said the video clearly shows it did not rise to that level.

"We were heartened with what it showed, and what it showed was a bit of an argument and a little scrum, but nothing more," DelGreco said.

The officer described Porter’s eyes as being glassy and bloodshot, and alcohol was smelled on his breath, the complaint said.

The arrest of Porter is also being investigated by the Pittsburgh Citizen Police Review Board, Target 11 learned Tuesday.

The board’s executive director said the investigation has been launched to ensure all policies and procedures were followed. She said the high-profile nature of the case led to the decision.

“Both parties have a public reputation. We had a concern because of public social media posts,” Pittinger said.

The review board will conduct interviews and then determine if the arrest was handled appropriately. Although the board does not have power to file charges, it can make recommendations.

Acting Pittsburgh police Chief Scott Schubert issued the following statement after receiving news of the review board's investigation:

"In order to clear the air regarding conflicting reports in the media surrounding the circumstances that led to the arrest of Mr. Porter, I reviewed video available from several vantage points, including the arresting officer's body-worn camera.
 
"I have concluded that the officer's account of the incident is accurate, and our officer conducted himself in the professional manner that is to be expected.
 
"Once the altercation began, the officer turned on his body-worn camera as soon as he was safely able. I support the actions of Officer Paul Able in this arrest."

Abel also has a public past. He was charged in 2008, but later acquitted of pistol-whipping and shooting a man in the South Side. The city settled a civil lawsuit with the victim for $44,000.

Pittinger said his past had no weight on the decision to open an investigation, but said there are questions that need to be answered.

“There has been a lot of speculation as it relates to Mr. Abel's public past,” she said. “If Joey Porter needed to be arrested, he needed to be arrested. I don't care what officer was at the scene.”

Pittsburgh Mayor Bill Peduto said the case will not be expedited because of the playoffs.

“Public safety will never take a backseat to football, so the process in place for an incident like this will be followed. Public safety comes first,” Peduto said.

The arresting officer, who was working an off-duty detail upon being called to assist at The Flats, was wearing a body camera, but it wasn’t turned on until the altercation was nearly over, according to court documents.

“It's something you have to turn on. It's not running all the time. If there's a need, whether traffic stop or call, it's generally put on, but I don't want to speak to why it wasn't on until I have more information,” Pittsburgh's acting police chief said.

The police department is looking at systems that would automatically activate body cameras, but a state law prohibiting their use in homes stands in the way.

Players React

Steelers players told Channel 11 News that they won't let Porter's arrest become a distraction.

“It’s playoff time, you know,” Steelers guard David DeCastro said. “It’s one of those things where there’s no time for distractions.”

“Coach Porter, he’s real important to this team,” linebacker Tyler Matakevich said. “When he’s out there, he communicates with you and he’s a key part of the defense. … We’ve just got to stay focused.”

The Steelers have issued no new comments regarding Porter's status with the team following news of the more serious charges being dropped.

In 2007, Porter was arrested in Las Vegas for punching another player at a blackjack table. A few years later, in 2012, he was arrested again in Bakersfield, California, for writing a check with non-sufficient funds.

 
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