Whitaker cop’s case dismissed

Judge tosses lawsuit alleging DA violated rights of officer

Pittsburgh Post-Gazette

A federal judge has ruled that the Allegheny County District Attorney’s office and one of its detectives did not violate the rights of a part-time Whitaker police officer charged and acquitted of lying in a search warrant and extorting a young woman after a traffic stop.

U.S. District Judge Mark Hornak on Wednesday dismissed a federal suit brought in 2014 by Officer William Davis against District Attorney Stephen A. Zappala Jr., his office and Detective Lyle Graber.

In throwing out the case, the judge adopted a December opinion by U.S. Magistrate Judge Maureen Kelly that said Detective Graber had probable cause to charge Officer Davis regardless of the outcome of the case in court.

Officer Davis, 39, was acquitted on charges that he lied in a 2012 search warrant affidavit for two Whitaker addresses where he said he suspected drug activity. He also was acquitted in a second case from 2012 in which he was charged with extorting a woman after pulling her over on the Rankin Bridge for traffic violations.

Officer Davis said in his suit that he was the target of malicious prosecution, but Judge Kelly and now Judge Hornak ruled that the detective was justified in filing the charges.

The traffic stop incident involved a woman named Danielle Stillwell, whom Officer Davis pulled over in an unmarked car in June 2012. Because he was wearing a T-shirt and shorts, she said, she drove away and called 911.

When she pulled over again near Kennywood Park, she said he approached with his gun out and told her to roll down her window. When she didn’t respond immediately, she said he used his gun to smash the window and took her into custody.

She then asked if there was a

way to resolve the case without criminal charges. He asked his chief for permission to give her the option of paying to fix his damaged gun in exchange for no charges being filed.

The chief agreed, according to court records, and Ms. Stillwell did also. But she later talked to the district attorney’s office, which recommended she have no more contact with Officer Davis. She did not pay restitution for his gun, and he filed the traffic code violations against her.

That October, the district attorney’s office charged Officer Davis with extortion, criminal mischief, false swearing and official oppression.

Judge Kelly said there was “undisputed evidence” of probable cause for the criminal mischief charge, so Officer Davis’ malicious prosecution complaint must be dismissed. Judge Hornak agreed.

The district attorney’s office had also charged Officer Davis in another case in which a second woman, Michele Lang, said he filed fraudulent search warrant affidavits against her claiming drug activity and then seized her car, arrested her and took custody of her son. The district attorney said Officer Davis illegally seized the car, a television, a game station and speakers.

He was charged with perjury, false swearing, unsworn falsification and official oppression.

Judge Kelly said, however, that there was evidence to support the perjury charge so the malicious prosecution accusation should be thrown out.

Lawyers for Officer Davis declined to comment.

A lawyer representing the district attorney and Detective Graber did not respond to messages.