The parents of Antwon Rose II, the 17-year-old killed by an East Pittsburgh police officer on June 19, sparking weeks of protests, have filed a federal wrongful death suit against the officer, the borough, its chief of police and its mayor.
Michelle Kenney and Antwon Rose Sr. say in the suit, filed late Wednesday in U.S. District Court in Pittsburgh, that Officer Michael Rosfeld used "excessive and deadly force resulting in the unlawful shooting death of Antwon M. Rose."
The suit names the officer, who is facing criminal charges, along with Police Chief Lori Fruncek and Mayor Louis Payne.
According to the suit, filed by attorneys Fred and Monte Rabner, Officer Rosfeld pulled over the car in which Antwon Rose was a passenger and "without waiting for backup units to arrive ... immediately drew his weapon and began to shout menacing and hostile orders at the occupants of the vehicle, including Rose."
The suit says Officer Rosfeld's tone and demeanor was so aggressive that it caused the occupants of the vehicle to fear for their lives.
It also "alarmed" a witness, Lashaun Livingston, who then decided to record the events leading to the shooting, according to the complaint.
The suit says Officer Rosfeld ordered the occupants — Trevon Robinson, ZaiJuan Hester and Antwon — out of the car as he tried to arrest all three. Antwon Rose "alighted from the passenger seat," the suit says, and showed his hands to the officer, who had his gun pointed at him.
"Fearing for his life, Rose attempted to run in the opposite direction of where Defendant Rosfeld stood with his firearm," the suit says.
"Rose did not threaten Defendant Rosfeld or any other person, nor did he make any threatening gestures that would have given the appearance that he had a weapon or represented a danger to the public. Rose was not armed."
Without giving a warning, the suit says, the officer fired three rounds at Antwon's back, hitting him in the back, the side of his face and his arm. Officer Rosfeld kept his gun pointed at Antwon as he lay on the ground and "at no time" attempted to render medical aid, the suit says.
Antwon later died of his injuries.
"The overwhelming facts and unequivocal law supporting this lawsuit are so clear and self-evident that it could have been filed within days of Antwon's death," said attorney Fred Rabner. "However, the family deserved to lay their son, brother and grandson to rest in a peaceful fashion. And while this suit will never quell their tremendous grief or minimize their tragic loss, we feel that it is time that we begin to seek some answers, and take appropriate court action to assure justice."
In addition to wrongful death and excessive force, the suit accuses Officer Rosfeld of assault and battery. It also alleges that borough officials "knew or should have known" about Officer Rosfeld's "pattern of escalating encounters with the public" and history of problems at other departments. The suit also accuses the borough of failing to train officers and supervise them properly, among other allegations.
The suit is asking for unspecified damages for wrongful death as well as punitive damages and other costs.
Torsten Ove: tove@post-gazette.com.
Correction (made 2 p.m. Aug. 2): The story and headline have been corrected to reflect that Michael Rosfeld, while placed on unpaid leave, is still employed by the East Pittsburgh police department.
First Published: August 2, 2018, 4:48 a.m.
