Channel 11 obtains signed statement from bar owner about fight between police, Pagans

PITTSBURGH — The U.S. Attorney’s Office in Pittsburgh has requested surveillance video of a bar fight between Pagans Motorcycle Club members and undercover Pittsburgh police officers.

Frank Deluca, 36; Michael Zokaites, 38; Erik Heitzenrater, 28; and Bruce Thomas, 61, are facing charges included aggravated assault and riot stemming from the brawl at a South Side bar.

According to court documents, the officers were at Kopy's Bar on 12th Street to investigate a drug complaint when the fight broke out.

Channel 11 obtained surveillance video from inside Kopy’s Bar when the incident happened.

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At first, undercover officers and the men appear cordial. Then words are exchanged and a fight breaks out. Deluca can be seen shoving the undercover detective, and then several men jump in from both sides of the bar and fists begin flying.

Eventually, uniformed officers are called in for backup, and pepper spray is used.

Attorneys for the Pagans told Channel 11 the officers had been drinking for five hours and provoked his clients.

The U.S. Attorney's Office declined to comment on the case.

District Attorney Stephen Zappala met with U.S. Attorney Scott Brady on Wednesday morning and expressed his concern about the bar brawl.

In a statement, Zappala did not elaborate about his discussion with Brady.

The bar owner said he urged police not to cause a fight.

In a signed affidavit obtained exclusively by Channel 11, the owner said he doesn't run a "biker bar," he didn't know the Pagans and that they weren't the ones causing the trouble.

The owner of Kopy's claims four undercover officers told him they were construction workers when they arrived around 7:30 p.m.

He said they drank alcohol the entire night.

The Pagans came in at 11:30 p.m. On several occasions, the undercover officers told the bar owner they had an issue with the bikers, and the bikers were pointing and staring at them.

In an affidavit, the bar owner told police:

"At no time did I personally witness the bikers staring or pointing at the undercover officers.  I stated that (the undercover officer) was wrong and that the bikers were finishing their drinks and getting ready to leave."

The owner said he told the officers he didn't know them and that a couple of them only stopped in every month or so as he attempted to diffuse a confrontation.

"I told them I was not "siding" with the bikers, I just did not agree with the undercover officers that the bikers were trying to cause trouble."

The owner of Kopy's, who was doused with pepper spray, said after the fight, a police lieutenant blamed him.

"The lieutenant stated that this was my fault for letting them in with jackets.  I responded the bikers did not cause the fight, and the lieutenant began screaming to me about the bikers being dangerous and referenced that they had guns and that someone could have been shot or killed."

The owner said the lieutenant also told him to post a dress code and that he doesn't want to see any bikers in his bar. Kopy's has been in business for more than 30 years, and the owner said it's never been a biker bar.

There are still conflicting reports about what the officers were doing there in the first place.

In the criminal complaint, the officers said they were investigating drug activity, but the owner said they told him they were there to serve a warrant.

The city’s Office of Municipal Investigations and the Citizen’s Police Review Board is also now looking into the altercation.

Cox Media Group