11 Investigates exclusive: DA reacts to police holding cell shooting

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PITTSBURGH — 11 Investigates Chief Investigator Rick Earle spoke with Allegheny County District Attorney Stephen Zappala about that shocking police body-worn camera video of a shooting inside a holding cell at the Munhall Police Department last year.

PREVIOUS COVERAGE >>> 11 Investigates: Exclusive jail cell shooting video

Earle: You think the police could have done more to prevent this from happening? 

Zappala: Yes, I don’t think the incident should have taken place, but again, that’s in hindsight.

District Attorney Zappala is calling out the actions of two police officers seen in body-worn video entering a holding cell at the Munhall Police Department last year with tasers drawn after inmate Chris Allie put wet toilet paper on the jail cell camera.

Allie had been brought in earlier, accused of assaulting his girlfriend.

After exchanging words with the officers, a struggle breaks out.

The officers deploy tasers. They don’t work likely because of Allie’s heavy jacket.

As Allie and the one officer tussle on the bench, the officer pulls his gun and fires three shots, hitting Allie in the chest.

“Not our finest day, the police community, not our finest day,” Zappala said. “The guy didn’t die, and he created a chain of events which, ultimately, didn’t benefit, but I really wasn’t pleased with the police work, but it wasn’t a criminal matter,” DA Zappala said.

Allie, who served in the Marine Corps and has a criminal record, survived the shooting but still suffers pain from bullet fragments.

The Allegheny County Police Department charged Allie with aggravated assault, strangulation and resisting arrest.

His civil attorney, who’s considering filing a lawsuit, disputes those claims.

“If you look at the video, his arms were in a protective position. He was trying to hold the officer’s arms down.  They were not, his hands were not around the officer’s neck. It’s very clear he shouldn’t be charged with what he’s charged with,” attorney Nick Miller said.

While the DA cleared the officer in the shooting, he was critical about how police handled the interaction with Allie from the beginning.

He said the officers should have handcuffed Allie through the small opening in the door, before going into the cell.

Earle: They could have called in backup or they could have handcuffed him before they went into the cell? 

Zappala: Yes, you put your hands out through the slide, but none of that happened.

And Zappala maintains the officers should have known tasers might not work with the heavy coat.

Zappala also questioned why the officers went into the cell with their firearms.

“He was introducing deadly force into a situation that was not secured.  The other is taking a firearm into that holding cell without the appropriate support. Now, there was another officer there, but I don’t think it was the appropriate support,” said Zappala.

The DA told Earle he has spoken with the Allegheny County Police Chiefs Association about best practices when dealing with a suspect in a jail cell.

He said he’s confident that this incident will serve as a learning experience for officers.

11 Investigates reached out to the Munhall Police chief, but he never responded.

Allie is awaiting trial on charges of assaulting a police officer.  

As for the assault case involving his girlfriend, family members tell me she is refusing to testify, so it’s unclear what will happen with that case.

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