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Autopsy: No excess of force by police in death
Swissvale man died after being struck by Taser
Thursday, August 07, 2008

An autopsy of a man who died Tuesday after a confrontation with Swissvale police revealed no evidence that officers used excessive force while subduing him, the Allegheny County medical examiner said yesterday.

Witnesses to the scuffle involving Andre D. Thomas, 37, of Swissvale, said at least two Swissvale officers used what they considered to be a questionable amount of force after shocking Mr. Thomas with a Taser.

Witnesses said one officer stomped on Mr. Thomas' back and another delivered a jarring punch to his head while he lay on the ground. Mr. Thomas died a short time later.

"There was no evidence in general, no evidence of excessive force being used," Dr. Karl Williams said.

Dr. Williams declined to characterize excessive force or release any other results of the autopsy, which was inconclusive pending toxicology and other test results.

"I can't get down to the specifics of what we did or did not find in the autopsy," Dr. Williams said.

County police are investigating Mr. Thomas' death and the actions of Swissvale police. They released no new information yesterday.

The case also has drawn the scrutiny of federal authorities, who sometimes review deaths of people in police custody to rule out civil rights violations. Those types of probes can be initiated in several ways, such as by complaints or law enforcement concerns.

"We did initiate a preliminary investigation," FBI spokesman Bill Crowley said yesterday. He declined to say what prompted the inquiry.

"It's more of like a passive investigation where we'll gather police reports and newspaper accounts. We will be monitoring the county investigation."

Mr. Crowley said the FBI will forward its findings to the U.S. Justice Department's civil rights division.

Last night, 18 people took part in a protest march to the Swissvale Municipal Building. Chanting "No Tasers" and "No justice, no peace," the group confronted police officers outside the building.

Told that they would be charged with loitering if they stopped or blocked the entrance to the building, the marchers stayed on the sidewalk, where they kept moving and chanting.

Celeste Taylor, organizer of the protest, said she was not disappointed with the turnout or the fact that few Swissvale residents or black people took part.

"This is just the beginning," she said.

Swissvale council then got an earful from some of the marchers.

"In a progressive society, the people cannot allow overzealous, poorly trained police officers to commit murder against innocent citizens," resident Michelle Burton-Brown said during council's public-comment session. "We demand that the officers involved in the death of Andre Thomas be relieved of duty until a complete investigation has been conducted."

When Ms. Burton-Brown asked council President David Petrarca whether the officers were still on duty, he said, "No comment regarding this case will come from this council due to the fact that the incident you are referring to is under investigation by the county police and district attorney's office."

County Police Assistant Superintendent James Morton, however, said Tuesday that the officers involved remained on full duty with the borough police force.

Staff writers Dan Majors and Deborah M. Todd contributed to this report.
First published on August 7, 2008 at 12:00 am