ERIE – A Pennsylvania man who alleged 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, has settled his claims for malicious prosecution.
Eric Beichner first 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 said.
“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 added 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 stated.
“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.
UPDATE
The defendants answered the complaint on June 17, finding that they had probable cause at the time to arrest Beichner for the crime in 2019.
“On Dec. 26, 2017, Oil City Police Department received a report of a missing person identified as Daniel T. Kulling II. On Dec. 31, 2017, plaintiff appeared at the Oil City Police Department and requested to speak specifically to Lt. Ruditis. Lt. Ruditis met with plaintiff, who voluntarily described engaging in a physical altercation with an individual that he described as a Black male on the WYE Bridge in Oil City. Plaintiff described that during the altercation, the individual fell into the Allegheny River. On May 28, 2018, Oil City Police responded to a 911 call that a body had been found in the Allegheny River downstream from Oil City. Oil City police officers stood by while the body, that was later identified as Daniel Kulling, was removed from the river,” per the answer.
“As part of the investigation into the death of Mr. Kulling, plaintiff was once again asked to meet with investigating officers at the Oil City Police Station and did so on March 31, 2018. When advised that Daniel Kulling’s body had been found in the river in the advanced state of decomposition, plaintiff made statements such as that he had a ‘feeling that it probably was Danny’ and similar-type statements clearly indicating that the person plaintiff had engaged in a fight with on the WYE Bridge in December 2017 was that of Danny Kulling and not a Black male. Investigating officers continued their investigation and gained additional information from other individuals that plaintiff engaged in a fight with Kulling on the WYE Bridge and during the fight, Kulling fell into the river. Investigating officers conferred throughout with the District Attorney’s Office. The decision to charge plaintiff with the homicide of Daniel Kulling was with the express approval of the District Attorney.”
The answer continued that the police officers “acted with and pursuant to a bonafide good faith belief that their actions were lawful, privileged, justified and in keeping with their proper duties as police officers.”
Moreover, the defendants added “Beichner’s injuries, sufferings and/or damages, if any, were caused by his own criminal, willful and malicious conduct and not by any civil rights violations,” that they were each entitled to qualified immunity and that the Political Subdivision Tort Claims Act “serves as a bar to plaintiff’s state law Claims.”
“Plaintiff has suffered no damages as a result of the matters complained of in his complaint with regard to his extended incarceration, as he was incarcerated because of a series of other crimes which he committed, which resulted in either guilty pleas or convictions and the penalties of which included being sentenced through varying periods of incarceration,” the answer continued.
However, on Sept. 2, it was noted that mediation in the case ended with a settlement. Terms of the settlement were not revealed.
U.S. District Court for the Western District of Pennsylvania Judge Susan Paradise Baxter ordered the case closed the very same day.
“The case has been resolved and the parties are directed to file a stipulation of settlement and dismissal on or before Oct. 17, 2022,” Baxter ruled.
The plaintiff was represented by Max Petrunya of Petrunya Law and Paul Jubas of Paul Jubas Law, both in Pittsburgh.
The defendants were represented by Paul D. Krepps of Marshall Dennehey Warner Coleman & Goggin, also in Pittsburgh.
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