Under the baobab: New allegations in Osagie case open wounds, demand answers

Sisters and Brothers, peace, justice and love be with you through these difficult times.

We are living through dying times; living through beginning times. In the past year more people perished than the 400,000 who died during the four years of World War II. The devastation of this pandemic has touched us all. The most heartbreaking is the loss of a child. We are not meant to bury our children. Whether it be through accident, disease, injury, substance abuse, street violence, or the wanton disregard of their dignity, we are not meant to bury our children.

Osaze Osagie’s parents, Iyun and Sylvester, are suffering through that agony right now. Their unhealed wounds are being torn open again. Last month the names of their son’s killer, former State College police officer M. Jordan Pieniazek, and his two accomplices, Sgt. Christopher Hill and Lt. Keith Rob, were finally released in the borough’s response to the federal lawsuit filed by the Osagies.

Last week, an amended complaint filed on behalf of the Osagie family by one of their attorneys, Andrew Shubin, included new allegations about Pieniazek and the department.

It was alleged that Pieniazek was “mentally unstable, violent and unfit for duty.” It further stated the officer’s history included “alcohol fueled acts of domestic violence” and using a pistol in a threatening manner. Pieniazek was previously named as a defendant in a 2014 federal lawsuit, which was settled out of court. A Penn State student filed a civil rights complaint against Pieniazek and another officer, alleging that he had been improperly detained, subject to unlawful seizure and maliciously prosecuted for observing but not participating in the downtown riot that ensued following the November 2011 firing of Penn State football coach Joe Paterno.

Borough Manager Tom Fountaine and Mayor Ron Filippelli denied the allegations in a joint written statement. “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.”

In spring 2019, a police department internal review led by now-retired Captain Chris Fishel found the three officers had “abided by their training” and were not guilty of any malfeasance or misfeasance. A state police investigation concurred. Centre County District Attorney Bernie Cantorna cleared the officers. The state police Heritage Affairs Section also found racial bias did not play a role in the shooting of Osagie, who was Black. The officers were all white.

Their names were withheld from the public, presumably to protect their anonymity, which could spark reprisals. Cantorna said last week that he was unaware of the new allegations. He sent the amended complaint on to the state police for their review. Several members of the Borough Council also expressed their ignorance of the allegations. Their sense of betrayal was palpable. Some refused to sign on to the Borough’s statement.

Members of the community were outraged. The 3/20 Coalition called for resignations. Calling the statement from Filippelli and Fountaine, “insulting and shameful” the State College NAACP expressed in a statement: “profound concern and outrage at the recent revelation that the State College Police Department withheld critical information … Our community citizens have repeatedly called for justice and truth from the SCPD and the District Attorneys’ office. In light of this new information, their promise of transparency rings hollow and false. For the past 22 months, these parties collectively withheld vital information pertinent to the case: That Officer Pieniazek was himself a severely distressed man who was unfit to carry the gun that he used to fatally shoot Osaze Osagie during what was supposed to be a mental health check.”

The new federal administration is attempting to reestablish social trust, which was fractured by the effects of the pandemic, an economic depression, a social justice restructuring, a pathetic attempt at a coup, and an environmental crisis. It is clear that in State College we have our own micro-crisis which shall also require our patience, transparency and compassion. We can, we must and we will do this. Amandla!

This story was originally published February 1, 2021 at 7:00 AM.