State College Council, administration offer support for further investigation into Osagie case
Both the State College Borough Council and the Borough Administration recently joined Centre County’s top prosecutor in calling for further investigation into the shooting death of Osaze Osagie, in light of new allegations made in an amended lawsuit.
The borough released a written statement ahead of Monday night’s council meeting, where Council President Jesse Barlow read it aloud. He said all seven council members agreed to the statement in the morning, a week after the Osagie family’s amended lawsuit alleged the former officer who shot Osagie — M. Jordan Pieniazek — exited a rehab facility days before the 2019 incident and was acting erratically, among other past concerning behaviors.
“In response to the new allegations raised in the amended complaint regarding the shooting death of Osaze Osagie, the members of the State College Borough Council and the Borough Administration join DA Bernie Cantorna in calling for further independent investigation,” Barlow read. “Members of the Borough Council were not made aware of these new allegations prior to the filing of the amended complaint.
“We understand that our residents must have full confidence in our municipal government institutions and will work to make sure that confidence is earned.”
Through a spokesperson, Borough Manager Tom Fountaine said — prior to the filing of the amended complaint — that he was aware only that Pieniazek had requested Family and Medical Leave in February 2019. He was not aware of the new allegations, which also accused the former officer of “alcohol-fueled acts of domestic violence,” including using a pistol in a threatening manner in 2018.
Pieniazek fatally shot Osagie, a 29-year-old Black man who police said moved toward them with a knife, three days after he returned to duty on March 20, 2019. He was a “ticking time bomb,” the Osagie family attorneys wrote.
Several supporters of the 3/20 Coalition — a group named after the date Osagie died — expressed hope Monday night the new revelations might lead to further action. But they also questioned how independent the new investigation would be, considering Cantorna last week directed state police at Rockview to investigate the family’s claims.
After all, they noted, state police at Rockview initially investigated the case. But, based on that, Cantorna wrote in a 228-page report that the officers were justified in their use of force. No charges were filed.
“Just as we see, with the response nationally to the insurrection on Jan. 6, we cannot have unity without accountability,” 3/20 member Geoffrey Landers-Nolan said during the council meeting’s public comment. “And that’s what we are asking for.”
Monday’s borough statement came just a week after Fountaine and Mayor Ron Filippelli made a different joint statement, accusing the amended lawsuit of making “false claims and half-truths, while also leaving out critical facts and context ...” Filippelli was criticized for that joint statement Monday, with at least one 3/20 member implying he was a hypocrite.
Filippelli took exception at the slight, explaining he was colleagues with Osagie’s parents for many years and his track record shows consistency in promoting racial unity.
“I will also assure you that the statement that I made — and I will not speak for the manager (Fountaine), but I’m sure he would say the same thing — the statement I made is something that I believe to be true with the information that I have,” he said. “But it’s information that I cannot make public because we’re in litigation, but it will be made public.”
The borough filed a response to the amended complaint Friday, basically saying the allegations are irrelevant to the actual legal claims in the lawsuit.
Osagie 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 in 2019. Hill fired his Taser when Osagie approached with a steak knife, but it was ineffective. Pieniazek fatally shot Osagie while retreating, according to police.
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.
An internal investigation was also led at the time by now retired Captain Chris Fishel, who the Osagie attorneys said had received information about Pieniazek’s “increasingly dangerous behavior,” but told a witness to not take action because it would “complicate things.”
That allegation was not lost on Melanie Morrison, secretary of the 3/20 Coalition.
“The police cannot investigate themselves, as demonstrated by Captain Fishel, who was warned of Officer Pieniazek’s concerning behavior and hid it from the SCPD’s internal investigation,” she said, before adding: “None of these investigations have been independent.”
A joint work session between Borough Council and Centre County Commissioners will be held 11:15 a.m. Friday, on the topic of the Mental Health Task Force Report. Borough Council’s next regular meeting will be held 7 p.m. next Monday.
CDT reporter Bret Pallotto contributed to this report
This story was originally published February 2, 2021 at 10:00 AM.
