Johnny Gammage
Encyclopedia
Jonny Gammage was a black
motorist who was killed 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
.
, Gammage's cousin. Seals was not present; he had loaned the car to Gammage, who was visiting from his hometown of Syracuse
, New York
. According to court testimony, Lieutenant 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 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 traveling 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, 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 contact 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 31. I'm only 31."
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.
album, A New Kind of Army
.
The incident is also mentioned by rapper Sun Rise Above
on the song "Triple 7 Special".
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
motorist who was killed on October 12, 1995, after being stopped for "driving erratically" by police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
from the nearly all-white
Caucasian race
The term Caucasian race has been used to denote the general physical type of some or all of the populations of Europe, North Africa, the Horn of Africa, Western Asia , Central Asia and South Asia...
Pittsburgh
Pittsburgh, Pennsylvania
Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
suburbs of Brentwood
Brentwood, Pennsylvania
Brentwood is a borough in Allegheny County, Pennsylvania, United States, and is part of the Pittsburgh Metro Area. The population was 9,643 at the 2010 census.-Geography and climate:Brentwood is located at ....
,
Baldwin Borough and Whitehall
Whitehall, Allegheny County, Pennsylvania
Whitehall is a borough in Allegheny County, Pennsylvania, United States. The population was 13,944 at the 2010 census.-History:The Whitehall is probably named after Silas D. Prior's tavern on Brownsville Road, which was re-named White Hall in the 1850s...
in Allegheny County, Pennsylvania
Allegheny County, Pennsylvania
Allegheny County is a county in the southwestern part of the U.S. state of Pennsylvania. As of the 2010 census, the population was 1,223,348; making it the second most populous county in Pennsylvania, following Philadelphia County. The county seat is Pittsburgh...
.
The incident
The car that Gammage was driving, a Jaguar, belonged to NFL player Ray SealsRay Seals
Raymond Seals is a former football defensive end in the NFL. He is famous for not having attended college, a rarity in the NFL; and in 1992 he batted away Green Bay Packers quarterback Brett Favre's pass which ended up being his first ever career completion which was to himself...
, Gammage's cousin. Seals was not present; he had loaned the car to Gammage, who was visiting from his hometown of Syracuse
Syracuse, New York
Syracuse is a city in and the county seat of Onondaga County, New York, United States, the largest U.S. city with the name "Syracuse", and the fifth most populous city in the state. At the 2010 census, the city population was 145,170, and its metropolitan area had a population of 742,603...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. According to court testimony, Lieutenant 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 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 traveling 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, 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 contact with him, one sitting on Gammage's legs, another holding his upper body.
Within just seven minutes, Gammage lay dead. The coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
'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 31. I'm only 31."
Trial
After an inquest, a coroner's jury recommended homicide charges be brought against all five officers, however the Allegheny County district attorneyDistrict attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
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
Cyril Wecht
Dr. Cyril Harrison Wecht is an American forensic pathologist. He has been a consultant in numerous high-profile cases, but is perhaps best known for his criticism of the Warren Commission's findings concerning the assassination of John F...
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
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
deadlocked, 11-1, with the lone vote for conviction coming from the one black
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
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
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
declined to bring a civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
action against the officers and police departments involved.
Mentions in Media
The incident forms part of the basis of the song "Police Story" on the Anti-FlagAnti-Flag
Anti-Flag is a punk rock band from Pittsburgh, Pennsylvania in the United States, formed in 1988. The band is well known for its outspoken political views. Much of the band's lyrics have focused on fervent anti-war activism, criticism of United States foreign policy, corporatism, U.S. wealth...
album, A New Kind of Army
A New Kind of Army
A New Kind of Army is a punk rock album originally released by Anti-Flag on May 25, 1999. It was reissued by A-F Records on October 19, 2004...
.
The incident is also mentioned by rapper Sun Rise Above
Sun Rise Above
Sun Rise Above, also known as Sun R. A., is a hip-hop artist, notable for his leftist political views and corresponding lyrics. Sun Rise Above calls his form of music hiphopraganda...
on the song "Triple 7 Special".
See also
- Police brutalityPolice brutalityPolice brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer....
- List of killings by law enforcement officers in the United States
External links
- Interview With Jonny Gammage Jury Foreman Richard Lyons
- CNN story: White officer acquitted in death of black motorist, November 13, 1996
- Pittsburgh Post-Gazette timeline of events: http://www.post-gazette.com/pg/05285/586622.stm
- Pittsburgh Post-Gazette column: "Sgt. Vojtas' return to Brentwood streets is a crime", December 10, 2003
- New Pittsburgh Courier article: 10 years later Gammage family still feels pain, October 7, 2005
- Pittsburgh City Paper article: A decade after Gammage, has Pittsburgh’s police accountability movement lost its momentum?, October 6, 2005
- Salon article: Brutal verdict, mentions the Gammage case at the bottom of the page, and compares it with that of Amadou Diallo.