Westmoreland DA: fatal officer-involved shooting justified in North Huntingdon drug buy

Westmoreland County District Attorney Nicole W. Ziccarelli has ruled that use of deadly force was justified in an officer-involved shooting Sept. 5 that resulted in the death of a suspect in an undercover narcotics investigation in North Huntingdon.

Dontae D. Warner, 30, of McKeesport was found dead in his vehicle after shots were fired by officers at about 1:50 p.m. in a parking lot behind the Huntingdon Inn Motel on Route 30, investigating officials have said.

According to a statement issued by Ziccarelli’s office, the shots were fired after Warner “maneuvered his 4,000-pound vehicle in a deliberate and reckless manner, accelerated his vehicle in multiple directions toward police officers as a means to effectuate his escape. Warner’s vehicle struck two parked vehicles in close proximity to the officers as he attempted to flee.”

An autopsy determined that Warner died from a gunshot wound.

Officials have not said how many shots were fired by which officers. The undercover drug task force investigation involved North Huntingdon Township police officers and agents with the state Attorney General’s Office.

A spokesman for the state Attorney General’s Office said agents fired their weapons.

An undercover officer set up a drug buy with Warner in the parking lot and learned that Warner had “threatened to harm him if he was a cop,” Ziccarelli’s statement said.

After drugs and money were exchanged, officers identified themselves, approached Warner’s vehicle and issued verbal commands as they attempted to apprehend him, according to Ziccarelli. That’s when Warner began to maneuver the vehicle, she said.

At that point, Ziccarelli said the vehicle was considered a deadly weapon.

“The manner in which Warner used his vehicle to engage in this confrontation could have resulted in death or serious bodily injury had it struck one of the officers,” she said.

Ziccarelli reported that one police officer was injured, but she didn’t release any details of the injury or how it occurred.

Ziccarelli indicated she reached her ruling on the shooting after reviewing reports, interviews and evidence in the case, including the state police’s investigation.

“The officers believed and evidence shows that Warner presented an immediate threat of serious bodily injury and/or death to themselves and others if deadly force was not used,” Ziccarelli said. “Delay in the use of deadly force would have been unreasonable under the circumstances and could have endangered agents and officers.”

Warner had previous run-ins with the law, including a couple of probation and jail terms related to drug, resisting arrest and receiving stolen property offenses in separate Allegheny County cases, according to court records.

He was awaiting a nonjury trial in connection with a March 25 incident at the Enclave nightclub on Pittsburgh’s South Side.

Pittsburgh police said they saw Warner fight with nightclub staff members and threaten to harm them. He was accused of fleeing from police, according to court papers.

They found him hiding underneath a vehicle at the intersection of South 17th and Roland streets. He was charged with terroristic threats, evading detention, disorderly conduct and public drunkenness.