State College police officer’s off-duty conduct unrelated to Osagie case, borough argues
State College defended Friday the former borough police officer who fatally shot a resident more than two years ago and the police department’s internal investigation into the shooting.
Allegations that former officer M. Jordan Pieniazek was not fit for duty because of issues in his personal life were “wholly unrelated” to his on-duty performance the day he fatally shot Osaze Osagie, borough attorney David MacMain wrote in a 67-page response to the family’s federal lawsuit.
“In his 12-year year career with SCPD, officer Pieniazek never exhibited erratic and/or violent behavior while on duty,” MacMain wrote. “Any personal issues officer Pieniazek may have had did not impact his duties as a SCPD officer.”
Family attorneys Andy Shubin and Kathleen Yurchak didn’t buy it.
The borough’s response revealed for the first time that two people raised concerns about Pieniazek’s off-duty conduct. One reported their concerns to a high-ranking police department administrator, while the other later denied having concerns.
The report prompted Chief John Gardner and then-Captain Christian Fishel to meet with Pieniazek, who received counseling and was monitored after he returned to active patrol.
There were “no indications” that Pieniazek’s performance was hindered when he returned less than two weeks before the shooting, MacMain wrote.
But the revelation that Pieniazek’s off-duty conduct was reported in the months before the shooting was a “thunderous admission,” Shubin said.
“Why did they hide it? Why would the borough police refuse to share that with the investigating agencies? Why don’t you give these folks everything? What is it that the borough has to hide?” Shubin said. “In criminal law, we talk about the idea that when someone doesn’t tell the truth or doesn’t answer things correctly, it’s because they have a guilty conscience.”
The borough’s internal investigation report, which was completed by Fishel, said there was only one unfounded use of force complaint lodged against Pieniazek. It did not document any reports about his off-duty conduct.
“It’s an example of the State College Police Department choosing to protect their own over protecting the community,” Yurchak said. “They made that choice by keeping this essentially secret and letting him go back on duty and characterizing his behavior as ‘voluntary,’ when it appears that it wasn’t really. It was a complaint that led him to seek treatment; that doesn’t seem voluntary to me.”
Fishel “played no role” in the department’s finding that Pieniazek, now-retired Sgt. Christopher Hill and Lt. Keith Robb abided by the department’s policies, MacMain wrote.
Centre County District Attorney Bernie Cantorna ruled in May 2019 that all three officers were justified in the shooting.
State police at Rockview were not aware of the family’s allegations when they completed their investigation, and Cantorna directed the department in January to review the family’s claims.
The new allegations, Cantorna said Saturday, “did not change what happened in that hallway.” No officers will be prosecuted.
This story was originally published March 26, 2021 at 7:48 PM.