DUNBAR TOWNSHIP, Pa. - Several state troopers have been named in a federal lawsuit filed Thursday by a man who says one of them shot at him after he stopped a fight.
Daylan McLee says he took a gun from a man outside of an American Legion in Dunbar Township in 2016, but when police arrived, someone else fired a gun into the air and one of the troopers fired at him.
"Daylan is able to convince this guy to give up the gun -- 'Don't shoot it, let me get rid of it' -- and he throws it," said McLee's attorney, Alec Wright.
Minutes later, police arrive, and a man near the club fires a shot in the air and he's arrested by a trooper. Another trooper, Adam Sikorski, heads to the back of the parking lot near McLee.
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In security video obtained by Channel 11, Sikorski can be seen behind a car when he fires at McLee, missing him. In a criminal complaint, Sikorski claimed McLee took an aggressive stance and pointed a gun at him twice.
"(McLee) never had a gun, never pointed a gun, never did any of the stuff outlined in the affidavit of probable cause, and they knew that," Wright said. "They knew it but they created a false, misleading affidavit of probable cause so they would cover up what their guy did. Plain and simple."
Police later arrested and charged McLee with aggravated assault. A jury found him not guilty of all charges, but he spent a year of his life behind bars and lost his job.
"What Daylan wants is for them to admit wrongdoing. I mean it," Wright said. "They put Daylan behind bars for a year. An innocent man; they offered him seven-and-a-half years.
"His conduct on this day was the type of conduct that's supposed to be commended. It's admirable. It's courageous."
State police told Channel 11 they won't comment on pending litigation.
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