Centre County DA directs state police to investigate new allegations in Osaze Osagie case
New allegations were raised Monday in a federal lawsuit filed by Osaze Osagie’s family, and Centre County’s top prosecutor said Thursday that he was not aware of those allegations when he cleared the officers who fatally shot Osagie of wrongdoing.
District Attorney Bernie Cantorna forwarded the newest allegations to state police at Rockview for investigation, he wrote in a statement.
“Once that process is complete, my office will report back to the public,” Cantorna wrote. “As always, the main objective of the district attorney’s office is to serve and protect our community through the fair and ethical pursuit of justice.”
Attorney Andy Shubin, one of three attorneys who represents Sylvester and Iyun Osagie, described the move as “necessary,” but expressed concern that police officers would once again be investigating other police officers.
State police at Rockview investigated the case initially and “missed all of this, or they chose to ignore it,” Shubin said.
“It’s important to consider whether we need another entity — one that is truly unbiased and capable — conducting an investigation,” Shubin said. “The community deserves it; the family deserves it.”
The family’s amended 37-page federal lawsuit labeled former borough police officer M. Jordan Pieniazek, the officer who fired at and struck Osagie, as mentally unstable, violent and unfit for duty.
The lawsuit alleged “alcohol-fueled acts of domestic violence,” including using a pistol in a threatening manner in 2018.
It also cast doubt on the borough police department’s internal investigation, which found the officers abided by their training.
The investigation was led by now retired Captain Chris Fishel, who the attorneys said received information about Pieniazek’s “increasingly dangerous behavior,” but told a witness to not take action because it would “complicate things.”
The internal review board’s 25-page report contained no witness information related to Pieniazek. The report only outlined one unfounded complaint lodged against him.
Borough Manager Tom Fountaine and interim Mayor Ron Filippelli flatly denied the allegations Wednesday in a joint written statement, their first since the lawsuit was filed.
“The borough of State College and its leadership have not withheld any information and have been transparent in addressing this incident,” the borough’s top two leaders wrote. “... This amended complaint, like the original complaint before, contains false claims and half-truths, while also leaving out critical facts and context to understanding the incident, the background and the persons involved.”
A borough spokesperson declined comment Thursday. Borough attorney David MacMain did not immediately respond to a request for comment.
Osagie, a 29-year-old Black man, was in the midst of a mental health crisis when white officers Pieniazek, Sgt. Christopher Hill and Lt. Keith Robb converged on his apartment to serve a mental health warrant.
Osagie moved toward the officers in a narrow hallway with a steak knife in his right hand. Hill fired his Taser, but it was ineffective. Pieniazek fatally shot Osagie while retreating.
Pieniazek was not intoxicated at the time of the shooting, Cantorna said. His tenure with the department ended after he filed a disability claim “a few months after the shooting,” the Osagie family attorneys wrote.
“The borough of State College kept the names of the participants from the public for as long as they possibly could — almost two years. We now know why,” Shubin said. “If there were civilian oversight, these issues — issues regarding fitness for duty — would have been made public and we could have begun this discussion two years ago.”