Uniontown man sues state police

Claims troopers lied during prosecution

A Uniontown man who says he disarmed a potential shooter during a 2016 melee at an American Legion hall but was then shot at by responding Pennsylvania State Police and arrested has sued the troopers involved for civil rights violations.

Daylan McLee, 28, says in a federal complaint filed Thursday that police improperly charged him with aggravated assault, gun possession and other offenses after they falsely said he raised a gun at a trooper, prompting the officer to open fire on him.

The trooper missed, but Mr. McLee and his lawyers say that Mr. McLee never had a gun and that video surveillance showed the trooper improperly firing two rounds at him without cause.

Mr. McLee’s suit says the troopers should be held liable for wrongful and malicious prosecution. A jury last year acquitted him on all counts. His lawyer, Alec Wright, said the troopers ignored video evidence proving his innocence and wrote a false affidavit to support their misconduct.

“His life was forever changed as he sat in jail, knowingly innocent of those accusations and knowing that the very people charged to protect him were trying to bury him,” Mr. Wright said in a statement.

The suit names troopers Dale Brown, James Pierce, Adam Sikorski and Kip Yarosh.

At 2 a.m. March 20, 2016, a brawl broke out at the American Legion hall in Trotter, outside Uniontown. Mr. McLee wasn’t part of the fight and wasn’t intoxicated, according to the suit, but he said he recognized the danger when one of the combatants started threatening others with a gun.

Mr. McLee took the gun away from the man and “successfully de-escalated the potentially fatal situation,” according to his complaint. He said he threw the gun away so no one could use it.

About a minute later Trooper Sikorski and his partner arrived. Shortly after, another

man fired a gun into the air just outside the front door. Mr. McLee said he was about 50 feet away and behind some cars when that happened.

Trooper Sikorski’s partner responded to the shot and arrested the man, but Trooper Sikorski ran with his gun drawn toward a group of people running to the back parking lot. Mr. McLee was among them.

Trooper Sikorski reached the back of the parking lot, moved behind a car, took a firing stance and fired two shots at Mr. McLee, the suit says. Both rounds missed and hit a nearby house.

Mr. McLee said he didn’t realize the trooper was shooting at him. He got into a car and left.

The trooper later said Mr. McLee had pointed a gun at him when he first arrived but said he couldn’t fire because there were too many people around, according to the suit. He said Mr. McLee pointed a gun at him again in the parking lot.

Mr. Wright said that both statements were lies and that his client never had a gun.

He said Mr. McLee later surrendered.

Instead of commending Mr. McLee for disarming a gunman, Mr. Wright said, the troopers prosecuted him knowing he was innocent.

Mr. Wright said Mr. McLee had no comment on the suit except to say that he wants the troopers held accountable.

“He wants people in power to know that their power has limits,” Mr. Wright said.