A dispute that took place in Summerville, South Carolina on the afternoon of March 20 resulted in the fatality of a man from North Carolina and injuries to an off-duty police officer. The deceased, identified as Michael P. O’Neal, 39, was from North Carolina. The injured officer, Anthony DeLustro, suffered non-life-threatening injuries.
The altercation took place at approximately 1 p.m. near a Chick-fil-A outlet on North Main Street.
Berkeley County Coroner Darnell Hartwell confirmed that O’Neal died from a gunshot wound to the arm that then moved to his chest.
Officer DeLustro has since been charged with murder in connection with O’Neal’s death.
As per police reports, the disagreement between DeLustro and O’Neal escalated to physical violence. Witnesses at the scene identified DeLustro as the primary aggressor in the altercation, despite attempts by bystanders to separate the two men.
The arrest warrant provided further details, stating that DeLustro broke free from those trying to restrain him and issued a threat to kill O’Neal if he attempted to leave the scene, after O’Neal had expressed a wish to disengage from the situation.
“The evidence found showed that O’Neal discontinued the fight with Anthony DeLustro and went back to his car,” the warrant stated. “While O’Neal was starting to drive away, Anthony DeLustro, who was still partly inside the passenger side of O’Neal’s car, discharged a firearm once. Michael O’Neal died at the location from the gunshot.”
A statement was released by WCSC from DeLustro, in which he sought leniency during a court session on April 10.
“All my life has been devoted to serving the public. I’ve always upheld the law rightfully without any proven grievances over my 35 years in the police force,” DeLustro stated. “I request your kindness to assist my wife and daughters as we navigate through this period.”
DeLustro made no mention of the deceased, Michael O’Neal, and did not express any remorse or regret.
Ninth Circuit Solicitor Scarlett Wilson issued a statement expressing her deep concern and emphasized the breach of public trust by those sworn to serve and protect, irrespective of whether their actions were deemed “in the line of duty.”
DeLustro was denied bail as a magistrate judge does not have the authority to set bail for a murder charge. His case will now be presented to a Circuit Court judge, who will determine whether bail should be granted. The hearing is scheduled for June 14.
In the aftermath of the tragic incident, a GoFundMe campaign was started by the family of Michael O’Neal, which has raised over $26,000. The page notes that O’Neal was the son of a law enforcement officer.
O’Neal’s family has stated that he bore no ill will towards the police. His cousin, Tom Nail, confirmed that O’Neal was the individual seen wearing a black shirt in the incident footage. Nail expressed the belief that the situation might have unfolded differently if O’Neal had known he was dealing with a police officer.
Nail stated, “Michael would’ve never fought a cop. Had he known he was dealing with a police officer, I doubt there would’ve been any altercation. Michael was the kind of guy who would’ve stopped in his tracks.”
“He was a giving person, always ready to help family, friends, and anyone in need. He never missed an opportunity to share a smile,” Nail added.