DA: Pittsburgh cop shootings result of a series of ‘choices’

Associated Press

PITTSBURGH

A Pittsburgh man’s violent choices and missed chances resulted in his murdering three city police officers who responded to a report of an argument phoned in by his mother, a prosecutor told the jury Saturday in closing arguments of the suspect’s capital murder trial.

Allegheny County Deputy District Attorney Mark Tranquilli wants the jury to convict 24-year-old Richard Poplawski of first- degree murder in the killings, as well as 25 lesser counts for shooting at SWAT and other officers, wearing a bullet-proof vest during the shootings and endangering neighbors whose homes were hit by his gunfire before he surrendered about 31/2 hours later.

“He had chances to stop, to let these men go home to their families — but he didn’t take that chance,” Tranquilli said of the slain trio.

Tranquilli argued that Poplawski’s numerous chances to reflect on the carnage while he fired dozens of shots from a 12-gauge shotgun, .357 Magnum, and AK-47 assault rifle prove he committed first-degree, or premeditated, murder. If the jury convicts him as such, the trial will continue with additional penalty-phase testimony on Poplawski’s mental state, background and other issues, after which the jury must determine if Poplawski deserves death by lethal injection or life in prison without parole.

Poplawski’s public defender, Lisa Middleman, acknowledged his guilt to most of the lesser charges he faces — including attempted murder for firing directly at two officers in the front seat of an armored SWAT vehicle, and assaulting nine police officers who responded by firing shots at them. The defense attorney then tried to convince the jury that doubts remain about who shot officers Paul Sciullo II and Stephen Mayhle, without citing any specifics.

Middleman acknowledged that Poplawski was guilty of “homicide” — without specifying a degree — for shooting the third officer, Eric Kelly. Kelly was gunned down as he pulled up to the scene in his private vehicle from his home two blocks away after hearing radio distress calls.

But Middleman wouldn’t concede Poplawski murdered the first two officers and argued that police didn’t do enough to investigate the actions of Margaret Poplawski, the suspect’s mother. Margaret Poplawski, who watched Saturday’s closing arguments from an overflow courtroom for spectators on closed-circuit video, has never been charged by police with any crimes in connection with the shootings and, Tranquilli argued, there was never any evidence she participated in any way.