Family of man shot by police files suit
The family of a 73-year-old Butler County man who was shot and killed by state police in 2018 has filed a wrongful death lawsuit in federal court against the troopers involved and the state police.
The lawsuit, which was filed Monday in the U.S. District Court for the Western District of Pennsylvania, describes the standoff between Walter Wiemann of Renfrew and state police as “a full-scale military-style assault and siege, complete with helicopters and armored vehicles.”
Police were called to Wiemann's house on Nursery Road in Forward Township for reports of a man who reportedly had dementia and was potentially armed. The standoff Sept. 18, 2018, ended when state police said Wiemann aimed a rifle at tactical team members before one of the officers shot him.
District Attorney Richard Goldinger later that year cleared the troopers involved.
The suit claims that the authorities' shooting violated the Fourth Amendment by using a “military-style siege.” The suit also alleges that authorities engaged in unlawful conduct by using what it described as overwhelming force.
According to earlier reports, police were called at 11:47 a.m. Sept. 18, 2018, to the home for a man “making threats to himself, others and police responders.”
The 911 log said the man, later identified as Wiemann, reportedly had dementia and “might be armed.”
The lawsuit names Cpl. Timothy Morando, Trooper “Costini” and an additional 30 unnamed troopers who responded to the call.
Police at the time said Wiemann was married, but was alone at the house during the standoff.
The first troopers there saw Wiemann go into the garage, Morando told the Eagle shortly after the incident. Police said they repeatedly tried to make contact with Wiemann, but to no avail.
According to the lawsuit, Wiemann was a Vietnam veteran who was suffering from post-traumatic stress disorder and was diagnosed with Alzheimer's disease.
The lawsuit states that Wiemann became agitated after he discovered that beehives he kept no longer had any bees in them, despite having previously cleaned out the beehives with his family. He became irritated and his daughter called the police, according to the suit.
Troopers responded and decided the situation was too dangerous to confront Wiemann, the suit states, and his family told them that Wiemann had access to an antique hunting rifle, but that it wasn't loaded. His family signed an involuntary mental health commitment for Wiemann, known as a 302 form, under the troopers' advice, according to the suit.
After failing to contact Wiemann by phone, according to the suit, troopers became frustrated. The suit states Wiemann's family told troopers multiple times the line was disconnected to prevent his agitation spells.
The Special Emergency Response Team was subsequently activated while police held the perimeter around the house. The team was comprised of troopers from different stations across Western Pennsylvania.
A police helicopter was also called in. Additionally, four negotiators were on scene.
With the helicopter, an armored vehicle and about a dozen officers in the area, Wiemann's memory of combat in Vietnam was triggered, according to the suit.
The Wiemann family claims in the suit they pled with troopers to de-escalate the situation and that troopers refused to let the family members go on the property in an attempt to calm Wiemann down.
The standoff continued to escalate until Wiemann exited the home toward the barn that sat about 50 feet from the house. The barn had caught fire, according to the suit.
According to the suit, while between the house and the barn, Wiemann was shot in the back of the head and hit in multiple other parts of his body by a trooper who allegedly took 12 to 14 shots at him while he was “standing in an open part of the yard between the residence and the barn.”
The SERT team then deployed flash bang grenades to ensure Wiemann was not “faking his injuries” before medical aid was rendered to him, according to the suit.
Wiemann's family also claims in the lawsuit that they found evidence that led them to believe the SERT team started the fire in the barn “as part of their 'military' strategy to lure Wiemann to his barn.”
The lawsuit issues eight legal claims against the list of defendants, including violation of the Fourth Amendment, violation of the 14th Amendment, assault, battery, intentional infliction of emotional distress, loss of consortium, wrongful death action and survival action.
For these claims, the suit demands a jury trial.
