Fairchance man acquitted in 2020 fatal shooting sues state police
The Fairchance man acquitted of homicide in a fatal shooting outside a South Union Township fast food restaurant is suing state police in federal court accusing troopers of wrongfully prosecuting him.
Attorneys for Justin Rittacco filed the federal lawsuit Monday in U.S. District Court in Pittsburgh claiming that state police investigators were wrong in arresting and charging him for killing Robert Lukehart on May 24, 2020.
The lawsuit named the lead investigator, Trooper Kristen Zelechowski, and two other state police troopers at the Uniontown barracks, accusing them of violating his Fourth and Fifth amendment rights. The complaint accuses state police of malicious prosecution, false arrest and false imprisonment, along with unlawful taking since investigators never returned the ammunition they confiscated from Rittacco after his arrest and ultimate acquittal.
A Fayette County jury acquitted Rittacco of homicide and other charges in December following a three-day trial after his criminal defense attorney, Bill Difenderfer, successfully argued that his client acted in self-defense.
Rittacco told investigators that he shot and killed Lukehart after the victim and another man, Brandon Kissinger, blocked his vehicle in with their car while he was trying to leave the restaurant parking lot at 548 Morgantown Road. Video surveillance of the incident showed Lukehart rushing toward Rittacco’s driver’s side window just before he was shot. Lukehart, 39, of Fairchance died at the scene.
Earlier that day, Kissinger drove his car around Rittacco’s vehicle and stopped on the roadway to confront him, which the lawsuit claims should have showed state police investigators that Rittacco was justified in his actions to defend himself later when he felt threatened. Kissinger also had threatened Rittacco in various social media posts and told people he planned to shoot up his family’s home. The two men were apparently at odds over a mutual love interest.
“Zelechowski knew that Mr. Kissinger acted in an outrageous, hostile and threatening manner,” the lawsuit alleges.
The lawsuit claims that state police lacked probable cause in charging Rittacco after listening to his explanation of the events during a police interview and reviewing surveillance video confirming his account. Under the state’s Castle Doctrine, a person is permitted to use deadly force if he fears for his life while inside a vehicle or residence.
Rittacco was held at the Fayette County jail for about five months before he was granted bond. His handgun used in the shooting was returned to him after the acquittal, but he has not received back the ammunition or been compensated for it, the lawsuit claims.
The lawsuit claims Rittacco was “affected financially and professionally and suffered substantial economic losses” from the situation. Rittacco is demanding a jury trial and unspecified compensation.
A state police spokesman at the department’s headquarters near Harrisburg declined to comment on the lawsuit. Joel Sansone, the Pittsburgh-based attorney who filed the federal lawsuit on Rittacco’s behalf, did not respond to a phone message seeking comment.