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On October 12, 1995,
African-American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ensl ...
businessman Jonny Gammage was killed by police officers from several departments around
Pittsburgh Pittsburgh ( ) is a city in the Commonwealth of Pennsylvania, United States, and the county seat of Allegheny County. It is the most populous city in both Allegheny County and Western Pennsylvania, the second-most populous city in Pennsylva ...
.


Background

Jon E. Gammage was on born on July 20, 1964, in Syracuse, New York, to Johnny L. and Narves Gammage. He was the cousin of
Ray Seals Raymond Bernard Seals (born June 17, 1965) is an American former football defensive end in the NFL. He is famous for not having attended college, a rarity in the NFL. Ray lettered in football at Anthony A. Henninger High School in Syracuse, ...
, an NFL football player for the Pittsburgh Steelers. Gammage graduated from the University at Buffalo in 1987. He was Seals's business partner and adviser, helping him manage his entrepreneurial and philanthropic ventures.


Death

On October 12, 1995, Gammage was driving a dark blue 1988
Jaguar XJ6 The jaguar (''Panthera onca'') is a large cat species and the only living member of the genus '' Panthera'' native to the Americas. With a body length of up to and a weight of up to , it is the largest cat species in the Americas and the th ...
towards his apartment in
Moon Township Moon Township is a township along the Ohio River in Allegheny County, Pennsylvania. Moon is a part of the Greater Pittsburgh metropolitan area and is located northwest of Pittsburgh. The population was 27,261 at the 2020 census. History E ...
,
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
. The car he was driving belonged to Seals, who was not present. Around 2 a.m. Lieutenant Milton Mulholland of the Brentwood Police Department pulled Gammage over just within the
Pittsburgh Pittsburgh ( ) is a city in the Commonwealth of Pennsylvania, United States, and the county seat of Allegheny County. It is the most populous city in both Allegheny County and Western Pennsylvania, the second-most populous city in Pennsylva ...
city limits along State Route 51 near Frank and Shirley's Diner, at 2209 Saw Mill Run Blvd. Four more police officers from several police departments were at the scene when a struggle ensued and, after seven minutes, Gammage died. His last words were "Keith, Keith, I'm 31. I'm only 31." He was officially declared dead at 3:51am at Mercy Hospital in Pittsburgh. Besides the officers involved, the only other witness to the killing was a tow-truck driver.


Autopsy

A coroner's report by the Allegheny County medical examiner stated that his cause of death was homicide by asphyxiation due to pressure applied to the chest and neck.
Cyril Wecht Cyril Harrison Wecht (born March 20, 1931) is an American forensic pathologist. He has been the president of both the American Academy of Forensic Sciences and the American College of Legal Medicine, and headed the board of trustees of the Amer ...
, a
pathologist Pathology is the study of the causes and effects of disease or injury. The word ''pathology'' also refers to the study of disease in general, incorporating a wide range of biology research fields and medical practices. However, when used in t ...
who performed an independent autopsy, told ''
CBS This Morning ''CBS This Morning'' (''CTM'') is an American morning television program that aired on CBS from November 30, 1987, to October 29, 1999, and again from January 9, 2012, to September 6, 2021. The program was aired from Monday through Saturday. ...
'' that,
here wasno evidence of a heart attack or any other natural disease process. He died as a result of asphyxiating due to compression of the lower neck and upper chest area... through the application of some instrumentality. Considering that these were police officers involved, then the best bet obviously would be a night-stick, a truncheon of some kind that would have been pressed down somewhat parallel to the ground, perpendicular to the transverse lie of the chest with a significant amount of pressure applied over a sustained period of time.


Trials

On November 3, 1995, a
coroner's jury A coroner's jury is a body convened to assist a coroner in an inquest, that is, in determining the identity of a deceased person and the cause of death. The laws on its role and function vary by jurisdiction. United Kingdom In England and Wal ...
after a three-day open inquest recommended that homicide charges be brought against all five officers. According to the foreman of the coroner's jury, 10 to 15 officers testified that Officer John Vojtas had said "The son of a bitch bit me. I hope he dies." Allegheny County district attorney Bob Colville filed charges of
involuntary manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
against Mullholland, Michael Albert of the Baldwin Police Department, and John Vojtas of the Brentwood Police Department. One of the officers, Keith Henderson became a witness for the prosecution in the subsequent trials.


Mulholland and Albert

The first trial of Mulholland and Albert ended in
mistrial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
after Allegheny County Medical Examiner Cyril Wecht made what were ruled to be prejudicial statements during his testimony. The judge assigned to the case, David R. Cashman, ruled that the case could not be retried. This ruling was overturned by the state Supreme Court, Cashman was removed from the case, and Mullholland and Albert were re-tried. The second trial was again deemed a mistrial when the
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England du ...
deadlocked, 11–1, with the lone vote for conviction coming from the one
black Black is a color which results from the absence or complete absorption of visible light. It is an achromatic color, without hue, like white and grey. It is often used symbolically or figuratively to represent darkness. Black and white ...
jury member. Following this second mistrial, Mullholland and Albert's attorneys successfully argued that a third trial would constitute
double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
for their clients, and charges against the men were dropped.


Vojtas

Officer Vojtas was tried separately before an all-white jury. The jury deliberated for two days. On November 14, 1996, Vojtas was acquitted. Outside the courthouse, black protesters yelled, "Murderer!", and chanted, "
No justice, no peace "No justice, no peace" is a political slogan which originated during protests against acts of ethnic violence against African Americans. Its precise meaning is contested. The slogan was used as early as 1986, following the killing of Michael Gri ...
!" Pittsburgh Mayor Tom Murphy, who is white, appealed for calm and criticized the verdict. "I don't think that this is Pittsburgh's finest day. I think justice could have been done better." Six months after his trial, Vojtas was promoted to sergeant. In 1999, he was placed on administrative duty after he was sued by the family of his deceased fiancée, Judith Barrett, who died by suicide in 1993 from a bullet fired from his service weapon. Before the Allegheny County Police arrived at the scene, evidence had been removed by the Brentwood Police and parts of the suicide case file went missing. The jury in the
wrongful death Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, ...
civil trial ordered Vojtas to pay the family $215,000 which an insurance company for the Brentwood Police settled for $125,000. Vojtas returned to active duty in December 2003. By September 2019, Votjas had retired.


Aftermath

Despite community pressure in both Pittsburgh and Syracuse, the
U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
declined to bring a
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life o ...
action against the officers and police departments involved.


Mentions in media

The incident forms part of the basis of the song "Police Story" on the Anti-Flag album, ''
A New Kind of Army ''A New Kind of Army'' is a punk rock studio album originally released by Anti-Flag on May 25, 1999. It was reissued by A-F Records on October 19, 2004, and is also the only album to feature only Justin Sane as lead vocalist. All other albums f ...
''. The incident is also mentioned by rapper Sun Rise Above on the song "Triple 7 Special". ''The Gammage Project'', a play by Attilio Favorini, centers around the events of the murder and the trial. In the ''This is Us'' season five premiere, Randall tells Malik about Gammage's death and how tough it was to cope with it on his own.


See also

* Police brutality *
List of killings by law enforcement officers in the United States Below are lists of people killed by law enforcement in the United States, both on duty and off duty. Lists of killings The numbers show how many total killings per year are recorded in the linked lists, not the actual number of people kill ...
*
Driving while black "Driving while black" (DWB) is a sardonic description of racial profiling of African-American motor vehicle drivers. It implies that a motorist may be stopped by a police officer largely because of racial bias rather than any apparent violation ...


References


Sources

* {{DEFAULTSORT:Gammage, Jonny 1964 births 1995 deaths Asphyxia-related deaths by law enforcement in the United States Deaths in police custody in the United States Police brutality in the United States People from Syracuse, New York Moon Township, Allegheny County, Pennsylvania Law enforcement in Pennsylvania