ERIE – A Pennsylvania man alleges he was erroneously arrested for homicide by Oil City police authorities in 2019 and caused to serve the better part of two years in prison, for a crime in which it was later proven that he did not commit.
Eric Beichner filed suit in the U.S. District Court for the Western District of Pennsylvania on April 11 versus the City of Oil City, plus Lt. Cory Ruditis and Patrolwoman Regina DeLeo, of the Oil City Police Department.
“34 year-old Danny Kulling was reported missing by his family on Dec. 24, 2017. Kulling was missing for approximately 151 days, before his body was discovered in the Allegheny River by two kayakers on May 28, 2018. The kayakers called the police and the Pennsylvania State Police arrived on scene, to recover Kulling’s body and interview both witnesses,” the suit says.
“At the scene, Forensic Pathologist Dr. Eric Lee Vey, M.D. could not determine the cause of Kulling’s death. It is also noted in the state trooper’s report that Kulling was known to be violent and unstable. Additionally, Kulling had an ankle monitor bracelet affixed to his leg at the time of his death. On May 29, 2018, following a complete autopsy by Dr. Vey, his conclusion regarding the cause of Kulling’s death remained undetermined, pending toxicology results. No wounds were found on the victim and no external or internal injuries were noted, either.”
The suit adds on June 5, 2018, Oil City Police Chief Robert Wenner and defendant Lt. Ruditis met with Pennsylvania State Police to discuss the case and the subsequent autopsy, finding no credible information at that time to link anyone else to Kulling’s death.
“On Aug. 31, 2018, based upon the autopsy and toxicology report now fully developed, Dr. Vey concluded that Kulling died from drowning as a terminal complication of drug toxicity. Despite these conclusions, the Oil City Police Department investigation remained open and police continued to interview witnesses related to the Kulling drowning,” the suit states.
“On Feb. 4, 2019, based on the alleged testimony from confidential witnesses, the Oil City Police Department arrested Beichner and charged him with murder, for the death of Kulling. Defendants did so despite knowing that the information it allegedly had implicating Beichner was not sufficient to sustain charges against the plaintiff, who ultimately was dismissed from the case based on a lack of evidence. Accordingly, plaintiff’s constitutional rights pursuant to the Fourth and Fourteenth Amendments to the U.S. Constitution were violated by the acts of the defendants, who were then and there acting under color of state law.”
As a result, Beichner was incarcerated until April 14, 2020, until it was determined before trial that he was not responsible for Kulling’s death, based on a complete lack of probable cause. Venango County Court of Common Pleas Judge Robert L. Boyer dismissed all charges pending against Beichner at that time.
For counts of malicious prosecution in violation of the Fourth Amendment to the U.S. Constitution, due process procedures in violation of the Fourteenth Amendment to the U.S. Constitution, supervisor liability in violation of 42 U.S.C. Section 1983, plus malicious prosecution and abuse of process under Pennsylvania state law, the plaintiff is seeking the following reliefs:
• Compensatory damages in an amount to be determined at trial;
• Punitive damages in an amount to be determined at trial;
• Pre-judgment and post-judgment interest, costs and any and all other relief for which plaintiff may be entitled.
The plaintiff is represented by Max Petrunya of Petrunya Law and Paul Jubas of Paul Jubas Law, both in Pittsburgh.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Western District of Pennsylvania case 1:22-cv-00125
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com