Officer involved in off-duty shooting at Chick-fil-A charged with murder

COLUMBIA, S.C. (WCSC/Gray News) - An off-duty police officer who shot and killed a man in South Carolina last month has been charged with murder.

According to the South Carolina Law Enforcement Division, Anthony DeLustro, 64, is facing a murder charge in the March 20 shooting death of 39-year-old Michael O’Neal.

Investigators said DeLustro was off-duty when he was involved in an altercation with O’Neal at an area Chick-fil-A.

During that altercation, DeLustro shot O’Neal and the 39-year-old died at the scene.

Witnesses told investigators that DeLustro was the primary aggressor that afternoon as they saw the two men exit their vehicles and exchange punches and kicks.

Bystanders told police that they attempted to separate them, but the fight continued.

At some point during the fight, O’Neal tried to return to his vehicle when a witness said they heard DeLustro tell O’Neal that he would shoot him if he left.

Authorities said DeLustro showed his police credentials during the altercation and told O’Neal he was under arrest.

O’Neal ended up getting back into his car with DeLustro also running to the vehicle.

According to a police report, DeLustro opened O’Neal’s enger door and entered the vehicle. As O’Neal began to drive away, DeLustro fired his handgun.

DeLustro told law enforcement that after the fight ended, he approached O’Neal’s vehicle with his handgun and entered the car to stop him from leaving.

“A reasonable person could not have reasonably believed that the victim posed a threat of imminent danger or death or serious bodily injury to others because the victim was unarmed, walked away from the altercation and attempted to leave in his vehicle,” an arrest warrant stated.

Summerville police Lt. Shaun Tumbeston said DeLustro has been terminated by the agency with the 64-year-old facing a murder charge.

DeLustro is a longtime law enforcement veteran who began his career with the New York City Police Department before working for several Lowcountry agencies, Summerville police said.

The 64-year-old appeared before a judge on Wednesday where he was denied bond.

“My entire life was public service. I never did anything wrong, I never had one substantiated complaint in the 35 years I’ve been in law enforcement. I just ask you for mercy so I can help my wife with the girls while we go through this,” DeLustro said during his court appearance.

DeLustro was denied bond and has another court appearance scheduled for June 14.

O’Neal’s family has not yet responded to a request for comment on the charges against DeLustro.

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