Judge orders mom of accused McKeesport cop killer to remove online video of shooting

A judge Monday ordered the mother of a man charged with killing a McKeesport police officer to remove video of the shooting and other material from an online fundraising page within 24 hours.

The order, by Allegheny County Common Pleas Judge Bruce Beemer, followed a hearing to address prosecution fears that the information could prejudice potential jurors in a trial of Johnathan Morris, who is accused of fatally shooting Officer Sean Sluganski last year.

Last week, the Allegheny County District Attorney’s Office filed an emergency motion accusing Morris’s mother, Candace Tyler, of violating a gag order in the case through an online fundraising page.

The page, hosted by FUNDLY, a crowdfunding platform, is titled “Staff Sergeant Johnathan Morris Deserves Justice” and includes bystander video of the shooting and an image of Morris in military fatigues.

It says that the effort is raising funds to pay for mental health experts specializing in post-traumatic stress disorder.

During the hearing, Deputy District Attorney Brian Catanzarite did not say he was asking to stop the family from raising money or to remove the fundraising page in its entirety. Instead, he asked that the video and narrative description be removed.

“She is disseminating evidence from this trial and making extrajudicial statements on that website,” Catanzarite argued. “It shows the shooting of two officers and the death of Officer Sluganski. It needs to come down.”

But Adam Bishop, an attorney appointed to represent Tyler for the hearing on Monday, argued that the prosecution didn’t meet its burden.

“They have to prove she created the campaign,” he said.

Bishop, who did not call witnesses, said that the prosecution failed to show that Tyler’s email address was linked to the online page or that any money raised was going to her bank account.

Bishop argued it was just as likely that some other family member created the page.

But at the end of the hearing, Beemer said the prosecution had presented enough evidence to show that Tyler either created the page or is responsible for its content.

Morris, 32, is charged with killing Sluganski and wounding McKeesport officer Chuck Thomas when they tried to stop him on Feb. 6, 2023, after police were called to a report of a domestic dispute at Tyler’s home.

He could face the death penalty if convicted.

A judge issued a gag order in the case on Feb. 21, 2023, at the request of Morris’ then-defense attorney, Art Ettinger of the Allegheny County Public Defender’s office.

The gag order prohibited both the prosecution and defense from making statements outside of court that could potentially prejudice any trial in the matter.

The order also applied to law enforcement officers involved in the case, jail officials and any person who could potentially be called as a witness, including family members.

Tyler, who initially called 911 that day, is a likely witness, Catanzarite said.

And the video is evidence.

The 2-minute, 26-second recording, which appears to have been filmed by an unidentified woman inside a moving car, shows Morris becoming upset that officers were approaching him.

The car follows Morris and the officers up the street. The video then shows Morris pulling out a gun and firing.

Catanzarite played the video in court on Monday, with members of Sluganski’s family in the gallery.

They remained stoic, as did Morris, who sat quietly at the defense table.

The prosecution presented only one witness for the hearing, Allegheny County Police homicide Det. Patrick Kinavey.

He testified that the page was created in November and includes a narrative about Morris’ life.

Morris served in the U.S. Marine Corps from 2013 to 2018 and was deployed to Afghanistan, according to the page. It was there, it continued, that he developed symptoms of post-traumatic stress disorder.

Morris was treated for PTSD while in the service and in 2018 received an honorable discharge, the page said.

“After military service, Staff Sgt. Morris had difficulty returning to the civilian life. He experienced flashbacks and night tremors from his tour of duty in Afghanistan. He endured depression and suicidal ideations,” the page said.

Morris was given full disability by the Veteran’s Administration, the page said.

In 2019, it continued, Morris “threw himself” into work as a body builder and fitness instructor.

“He wanted to keep busy trying to ‘cure’ his mental illnesses. He used social media as his platform to discuss hard topics like his post-traumatic stress disorder,” the fundraising page stated.

During the 2020 pandemic, it continued, Morris’ mental health worsened, and he withdrew from his family and friends. Then, Morris’ suicidal thoughts returned, along with severe depression, after a classmate committed suicide, according to the page.

The page said Morris attempted to take his own life at the end of 2021.

The summary then addresses what happened the day Sluganski was killed.

It said that Tyler was seeking an involuntary commitment for a mental health evaluation for her son that day. She said that when McKeesport officers attempted to stop Morris, they failed to follow de-escalation protocols and did not know how to deal with his mental health issues.

Instead, the page said, the officers struck him with their cars, which “triggered” Morris, “escalating until he fired upon the imminent existential threat to his life.

“Staff Sgt. Morris gave everything he had in service to his country. Officer Sluganski gave his life attempting to save the sergeant from internal demons. Two men, Brothers serving their country, cut from the same cloth, who took the same basic oath. A tale of unredeemable tragedy,” the page said.

“THE DISTRICT ATTORNEY HAS CONCEALED THESE MISSTEPS AND IS SEEKING THE DEATH PENALTY FOR ‘SGT. MORRIS’ TO PROVE HE’S ‘TOUGH ON CRIME.’ “

As of Monday morning, the page showed that 34 people had donated $3,525 toward a $35,000 goal.

Although it was Morris’ public defender who initially requested the gag order to prohibit the district attorney from making statements about the case, Morris now has different counsel.

His current attorney, Carmen Robinson, wrote in a court filing Friday that her client did not consent to the gag order.

On Monday, she argued that the video in question exists in other places online, including media sites, and that it ought to be removed from those, as well.

“All of the videos prejudicial to my client should come down,” Robinson said.

But Beemer responded that those were not subject to the gag order like Tyler is.

“The court has no authority to regulate any statement prior to the gag order being signed,” he said.

Trial in the case is scheduled for September.