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Clairton man faces trial in officer's shooting
Tuesday, November 21, 2000 By Jan Ackerman, Post-Gazette Staff Writer
When the shooting stopped, Clairton police Officer John Dunlap had one question for the man on the bicycle who had pumped seven bullets into him last month.
"I asked him why he shot me," Dunlap testified at a preliminary hearing yesterday for Benjamin Johnson, 38, a Clairton man who pursued and shot Dunlap in broad daylight on a main thoroughfare, according to police.
"He said it was because I dropped the hammer" on him -- meaning the police officer had pointed his gun at him -- while serving a warrant on him in May, said Dunlap.
"He said, 'Today is your day to be judged,' " said Dunlap, 27, who was wearing a bulletproof vest that probably saved his life. He was shot in the stomach, and his right hand was shattered in the incident.
McKeesport District Justice Thomas Brletic ordered Johnson to stand trial on multiple charges related to the wounding of Dunlap and for threats made against Clairton public officials earlier this year. They include attempted homicide, reckless endangerment, terroristic threats and firearms violations.
On Oct. 19, Dunlap was patrolling in his police car. He had stopped in the parking lot of Great American Federal Savings and Loan Association to talk to another officer at about 5 p.m. when a man on a bicycle drove by and said something that sounded like "Killer Dunlap or kill Dunlap."
Dunlap took the remarks as a possible threat and circled around the block with the intent of citing Johnson for disorderly conduct. When the officer turned onto St. Clair Avenue, Johnson rode his bicycle alongside the police car.
As Dunlap stopped his police cruiser and got out, he said, Johnson was at the rear of the vehicle and started shooting.
Dunlap said three or four bullets hit his vest and when he tried to reach for his service weapon, he realized that he had been shot in his right hand.
"My hand was not working. I was trying to get the weapon out with my right hand, but I couldn't," he said.
Dunlap said Johnson chased him into an alley, still shooting.
"As I was running, it was in my mind -- one shot to the head and I was going to die," said Dunlap.
In the struggle, Dunlap said he was able to grab Johnson's shoulder and throw him off balance. The two men were on the ground, with Dunlap on top of Johnson, when two passengers, who were not identified, jumped out of a nearby car and tackled Johnson.
With their help, Dunlap said he was able to pull out his gun with his left hand. He said he never discharged the gun, but defense attorney David Shrager seemed skeptical. He kept asking whether a gunshot residue test was performed on Dunlap.
"Did you attempt to fire your weapon?" Shrager asked.
"No sir," Dunlap responded.
Dunlap, 27, a Clairton officer for two years, had just returned from his honeymoon when the shooting occurred. Yesterday, he appeared to be in pain when he walked and his right hand was bandaged. He underwent surgery on his hand last week and may need additional surgery.
Members of the community have raised money to help him. The St. Clare of Assisi parish raised $2,000, including $106 donated by the children who attend the parochial school, according to the church bulletin.
Friends and members of Johnson's family defended him after the hearing, saying that what happened was out of character and must have been prompted by some kind of harassment.
"He is a fine young man," said the Rev. LeRoy Harris, pastor of Mount Olive Baptist Church in Clairton.
"We know there was no way he could have done something like this without being provoked."
Yet testimony presented by Allegheny County Deputy District Attorney Edward Borkowski provided a much darker view of Johnson's character.
Michael Mursch, an employee of the Clairton street department, testified that he and other workers were laying asphalt on Baker Avenue on May 4 when Johnson drove by in a truck, slowed down, extended his arm and pointed his finger at the men as though he was firing a gun at them.
Mursch said the incident made him "very cautious" because Johnson had pulled a gun on him in 1998 while Johnson was employed by the city and worked with Mursch on the street crew.
Mursch said that incident occurred without provocation while the two men were being certified by the state to operate equipment. He said Johnson was swinging a golf club and talking about "horse-playing" when he suddenly pulled out a gun, pointed it at Mursch and threatened to kill him.
The incident led to Johnson's dismissal from the city.
Borkowski said, from his point of view, Johnson's dismissal could provide a motive for subsequent threats against Clairton public officials and for the shooting of Dunlap that were detailed at the hearing.
Clairton Mayor Dominic Serapiglia testified that on April 29, he was drinking coffee at a local convenience store when Johnson came in to get coffee.
The mayor said he spoke to Johnson, who was clearly upset and began threatening him.
"He said he was going to get me, shoot the chief, shoot all the members of council," Serapiglia said.
"It really upset me. It really put me on guard."
A few days later, on May 3, Clairton Finance Director Francis Geletko, the city's former public works director, said Johnson made a nonverbal threat against him.
Geletko said he was driving on St. Clair Avenue when Johnson approached in another vehicle. He said Johnson extended his arm and pointed his finger at Geletko as though he were trying to fire a gun at him.
"I sort of flinched," he said.
Some of the officials filed charges, but they were dismissed after witnesses failed to show up at court hearings. The charges were refiled after the shooting of Dunlap.
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