BERKELEY COUNTY, S.C. (WCBD)- A former Summerville officer accused of shooting and killing a man during an altercation at a Chick-fil-A restaurant in March will remain behind bars while awaiting trial, a judge has decided.
AnthonyDeLustro, 65, was indictedfor murder and attempted kidnapping in connection with the March 20, 2024 death ofMichael O’Nealoutside the North Main Street restaurant.
Circuit Court Judge Deadra Jefferson denied DeLustro’s request for bond in an order filed on August 8, asserting that the former officer represents a danger to the community.
DeLustro’s attorney, Joseph Cannarella, called the ruling “very disappointing” in an Aug. 8 statement to News 2, noting that courts evaluate a person’s criminal history, health, risk of flight from the community, and danger to the community when determining bond.
“Mr. DeLustro is 65 years old, has a decorated law enforcement career, lacks a criminal history, is a prior cancer patient with lingering issues from his 9/11 service with the NYPD, and still suffers from serious medical injuries resulting from the March 20, 2024, incident,” Cannarella said.
Cannarella also referenced an in-depth report from a forensic psychologist that was submitted to the court and showed that DeLustro presented a low risk to the community.
“This report addressed the State’s concerns about risk, found that Mr. DeLustro is a low risk and can be safely managed in the community, and recommended certain conditions for him to abide by if released on bond,” Cannarella said in a statement. “These findings and recommendations were noted during the hearing, and the State conceded that Mr. DeLustro was not a flight risk.”
The judge’s order came down weeks after DeLustro appeared in a Berkeley County courtroom, his first time facing a circuit court judge since the shooting.
DeLusttro entered the courtroom for that July 15 hearing using a crutch.
His attorney told the judge his time in jail has been difficult and that he’s been dealing with injuries that stem from the altercation outside Chick-fil-A. He argued that DeLustro was not a danger to the community or a flight risk.
DeLustro’s attorney said he is a family man, raising his grandchildren, and brought up his close ties to his community and involvement in church, as well as his extensive law enforcement career.
But Ninth Circuit Solicitor Scarlett Wilson said she had been speaking with the victim’s family and while she was not concerned that DeLustro was a flight risk, she was concerned that he was dangerous.
She brought up statements by witnesses who observed the incident and told the judge that a previous employer had noted that he could have a temper.
Jefferson indicated during the hearing that she may not rule right away. Records show she signed the order on July 26, but it was not filed by the clerk’s office until Aug. 8.
Wilson declined to comment on the judge’s decision not to grant a bond.
DeLustro wasoff dutywhen he engaged in a confrontation with O’Neal. Affidavits provided by the South Carolina Law Enforcement Division (SLED) show he exited his vehicle and the two got into a physical altercation.
Video shows moments leading to deadly shooting involving off-duty officer at Summerville Chick-fil-A
At some point during the scuffle,DeLustrotold O’Neal that he was under arrest, pulled his Summerville Police Department credentials from his back pocket, and presented them before they fell to the ground. DeLustro’s handgun also fell from his holster onto the pavement.
Bystander videoshows O’Neal disengaging from the situation and walking back to his vehicle. A witness reportedly heard the victim say he wanted to leave.
Another witness who was restraining DeLustro heard the off-duty officer tell O’Neal that he would shoot him if he left. Video released by SLED shows DeLustro breaking free and picking up the handgun from the pavement.
DeLustro opened the victim’s passenger side door and entered the vehicle while armed with his handgun. O’Neal told DeLustro to “get out of my car,” and began to drive away while DeLustro was still partially seated and fired a single shot from his gun.
O’Neal was shot and killed at the scene. Berkeley County Coroner Darnell Hartwell said O’Neal suffered a gunshot wound to the right arm that traveled to the chest.
DeLustro was initially denied bond by a magistrate judge because they cannot grant bond for a murder charge.He has been held in the Al Cannon Detention Center since April 10.
Cannarella said DeLustro’s defense team is now considering its next steps.
“While this ruling is very disappointing, we are grateful for the tremendous community support Mr. DeLustro received at this hearing and continues to receive,” he said in the Aug. 8 statement. “We will evaluate the next appropriate steps, consult with Mr. DeLustro and his family, and respond accordingly.”
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