Johnny Gammage

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Jonny Gammage was a black motorist who died on October 12, 1995, after being stopped for "driving erratically" by police from the nearly all-white Pittsburgh suburbs of Brentwood, Baldwin Borough and Whitehall in Allegheny County, Pennsylvania.

1 The incident
2 Trial
3 Mentions in Media
4 See also
5 External links

[edit] The incident

The car that Gammage was driving, a Jaguar, belonged to NFL player Ray Seals, Gammage's cousin. Seals was not present, he had loaned the car to Gammage who was visiting from his hometown of Syracuse, NY. Per court testimony, Lt. Milton Mullholland of the Brentwood Police Department began following Gammage as he drove northbound on State Route 51, after noticing that Gammage had braked when passing the Mullholland's patrol car, which was parked on the side of the road. After driving behind Gammage for more than a mile and a half (leaving Brentwood and entering City of Pittsburgh limits) Mulholland decided to stop Gammage because Gammage repeatedly braked to slow his car -- despite the fact that the portion of the roadway on which Gammage was travelling is graded and braking is necessary to remain within the speed limit. Upon stopping Gammage, Mullholland called for backup, but rather than a general backup call, he specifically requested the presence of Officer John Vojtas on the scene.

As Mullholland ran computer checks on Gammage's driver's license and the car registration, Sgt. Keith Henderson of the Whitehall Police Department arrived on the scene. Witnessing Gammage talking on his cellular telephone inside the vehicle, Henderson shone his flashlight into Gammage's car and drew his weapon. Officer John Vojtas of Brentwood arrived next, and with his weapon drawn, had a loud discussion with Gammage which resulted in Gammage exiting the car, cellular telephone and datebook in hand. Vojtas knocked the items to the ground using his flashlight. When he raised his flashlight to strike Gammage again, Gammage knocked the flashlight from Vojtas's hand. Vojtas and Henderson tackled Gammage and wrestled him to the ground. Mullholland joined in the altercation, helping the other two men pin the struggling Gammage to the ground. Officer Michael Albert of the Baldwin Police Department (who had arrived in response to the backup request) approached and attempted to assist in handcuffing him. Officer Shawn Peterson of the Whitehall Police Department also became involved, and joined Vojtas, Mullholland and Henderson in holding Gammage down, as one or more of the men struck him with flashlights. Gammage was eventually handcuffed, at which time only the two Whitehall officers, Henderson and Patterson remained in conctact with him, one sitting on Gammage's legs, another holding his upper body.

Within just seven minutes, Gammage lay dead. The coroner's report showed his cause of death to be asphyxiation due to pressure applied to the chest and neck. His last words were alleged to be "Keith, Keith, I'm only 31."

[edit] Trial

After an inquest, a coroner's jury recommended homicide charges be brought against all five officers, however the Allegheny County district attorney at the time, Bob Colville chose only to file the lesser charge of involuntary manslaughter against Mullholland, Albert and Vojtas.

The first trial of Mullholland and Albert ended in mistrial after Allegheny County Medical Examiner Cyril Wecht made what are 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 deadlocked, 11-1, with the lone vote for conviction coming from the one black jury member. Following this second mistrial, Mullholland and Albert's attorneys successfully argued that a third trial would constitute double jeopardy for their clients, and charges against the men were dropped.

Officer John Vojtas, who was tried separately, was found not guilty by a jury with no minority members. He was permitted to return to work as a police officer in the Brentwood department and received a promotion.

Despite community pressure in both Pittsburgh and Syracuse, the Department of Justice declined to bring a civil rights action against the officers and police departments involved.