Pittsburgh to settle 2 lawsuits over South Side bar brawl involving cops, Pagans

The City of Pittsburgh will pay $170,001 to settle two of four lawsuits against it stemming from a brawl at Kopy’s bar on the South Side six years ago between members of the Pagan motorcycle gang and several drunk, undercover police officers, according to an attorney.

Two remaining plaintiffs will go to trial in the federal civil rights case. Jury selection is scheduled for Monday before U.S. District Judge Cathy Bissoon.

Among the potential witnesses, according to a court filing on Wednesday, are former Pittsburgh Mayor Bill Peduto, former police Chief Scott Schubert and former Public Safety Director Wendell Hissrich.

The lawsuits include allegations of malicious prosecution and assault and battery, as well as civil rights claims based on the city’s alcohol policy that allowed undercover officers to drink on the job.

City council must vote on the settlement before it’s finalized. Attorney Martin Dietz confirmed the settlements on Thursday.

Olga George, a spokeswoman for the city, did not immediately comment.

The incident, which sparked controversy around Pittsburgh police policies, began around 12:30 a.m. on Oct. 12, 2018.

Earlier that night, four undercover Pittsburgh police officers investigating drug activity entered the bar, identified themselves as construction workers and began drinking.

Four members of the Pagans motorcycle gang, arrived about 11:30 p.m.

Within an hour, a brawl had erupted, and the four Pagans were arrested, including Frank DeLuca, Michael Zokaites, Erik Heitzenrater and Bruce Thomas. They were charged with aggravated assault, conspiracy and riot.

The undercover officers, David Honick, Brian Burgunder, Brian Martin and David Lincoln, were allegedly investigating a drug complaint at the bar the night of the brawl.

According to court filings by the city’s attorneys, the officers knew the Pagans to carry weapons, and they believed that their undercover status had been compromised by the men.

According to an affidavit by Stephen Kopy, the now-deceased owner of the bar, the officers told him that night they had issues with the Pagans.

“I was then asked by one of the undercover officers whether I was ‘siding’ with the bikers,” Kopy wrote in the affidavit. “I told them that I was not ‘siding’ with the bikers. I just did not agree with the undercover officers that the bikers were trying to cause trouble.”

As the bikers got up to leave, he continued, the officers stopped them and spoke with them. Video from the incident at first shows DeLuca shaking hands with two of the officers.

But his lawsuit said that the officers, who were visibly intoxicated, impeded his exit from the bar, with Honick repeatedly showing him his loaded handgun in the front band of his pants — though not revealing that he or any of the others was a police officer.

When DeLuca pushed Honick, a brawl ensued, the lawsuit said, with Burgunder holding him while Honick and Lincoln punched him repeatedly and a uniformed sergeant who arrived pepper sprayed his face.

All four of the Pagans were taken into custody that night.

About a month later, the criminal charges were dropped by the Allegheny County District Attorney’s. The officers were ultimately suspended for five days without pay and reassigned.

An investigation by the Office of Municipal Investigations found numerous policy violations by the detectives.

According to court documents, Honick’s blood-alcohol level that night was 0.402%.

Martin’s was 0.304%. Burgunder’s was 0.363% and Lincoln’s was 0.14%.

In a May 2021 report on the incident, the Citizens Police Review Board said that Honick consumed 13 to 15 drinks that night. Burgunder had 19. Martin had at least 14, and Lincoln had seven.

Pittsburgh city funds — all cash — were used to pay for the drinks.

The City of Pittsburgh, as well as all four officers were named as defendants in the lawsuits.

DeLuca, who was the person most severely injured that night, sustained dislocation of his right elbow, a left elbow fracture and head and face trauma. Both he and Bruce Thomas are still scheduled for trial.

Heitzenrater has since died, said Dietz, who represented him. Heitzenrater’s estate replaced him as a plaintiff in the case and settled his claims for $70,000, Dietz said.

Zokaites settled his case for $100,001, Dietz said.

Zokaites’ attorney, Wendy Williams, did not immediately respond to a request for comment.