A shoplifting suspect, who was fired on last year after an altercation with a Giant Eagle security guard in Collier, was acquitted on all charges in a nonjury hearing today before Allegheny County Judge Randal B. Todd.

Though the shoplifting allegations were thrown out at an earlier hearing, Craig E. Gates, 37, of Cecil, still faced charges of simple assault against the security guard, Bernard McNally Jr., and store manager Bradley Zupancic, resulting from a fight that took place when the two confronted him for allegedly pocketing some braunschweiger and garlic sausage. Mr. Gates was also charged with recklessly endangering Mr. Zupancic.

A district court judge dropped a theft charge at a preliminary hearing in August, saying the prosecutor produced no evidence of a theft.

Mr. Zupancic gave his account of the fight. The defendant testified that he was moving toward the checkout, when the plainclothes officer confronted him. The same officer followed him to the parking lot and shot at his vehicle as he left the Giant Eagle at the Chartiers Valley Shopping Center, breaking a passenger window and leaving a bullet lodged in the rear of the vehicle.

Mr. McNally, of Carnegie, faces a trial June 19 on charges of aggravated assault and reckless endangering Mr. Gates. Mr. Gates' attorney John Elash said the security guard beat and choked Mr. Gates and his client suffered a broken nose and bruises. Police informed Mr. Gates' wife a security guard had shot at him as he drove away and that he might be hurt.

Mr. Elash said he thinks the security guard may have been trigger happy as a result of having served for the U.S. military in Iraq.

"I feel sorry for him. He's a victim of George Bush's crazy policy to send kids to Iraq. Even in Pittsburgh, only an insane person would shoot at somebody over braunschweiger," he said.