PITTSBURGH (KDKA) — The man accused of killing off-duty police officer Charles Stipetich appeared in court for a preliminary hearing on Wednesday.

Homicide and reckless engagement charges against Kevin McSwiggen were held for court.

Dashcam video from McSwiggen's truck was played in court and showed how road rage led to a deadly shooting on the night of July 3.

It was a difficult day for the family of Oakdale police officer Charles Stipetich. His father, Charles P. Stipetich, testified in front of his son's alleged killer. 

Stipetich's father testified and said his son called him and said to come outside as someone was following him on their street.

Charles Stipetich was driving a red Ford Taurus on Freeport Road in Blawnox when he got into another lane and drove in front of McSwiggen's truck. In the dash cam footage, McSwiggen can be heard cursing as he follows Charles Stipetich until the off-duty officer parks in front of his home on Fountain Street.

McSwiggen can be seen in the video getting out to confront Charles Stipetich, who was walking toward his home. Charles Stipetich's father can be seen getting between the two men.

Charles P. Stipetich said in court on Wednesday that he saw McSwiggen reach for something, so he grabbed McSwiggen's arm and shirt. The three men leave the frame, and a gunshot is heard.

After Charles Stipetich was shot, the video shows what looks like McSwiggen pointing a gun at Charles P. Stipetich, who then puts his hands up. That is when Charles Stipetich shot McSwiggen, injuring him.

Jim Hankle, Stipetich's attorney and friend of the family, said he thinks the video will help the family get justice. He said it was very difficult for them to see the footage in court.

"They are very distraught and they are trying to get justice for their son, Chuckie. So this is the first step in the process," Hankle said.

Casey White, the defense attorney representing McSwiggen, said he believes the footage will help McSwiggen's case. He said he doesn't believe there is proof that McSwiggen intended to kill the victim and that this could be a self-defense case.

Meanwhile, prosecutors believe McSwiggen did intend to kill.

"This was a fight and, unfortunately, two people got shot and one lost his life that day. Did my client intend to kill that young man? No. Did my client know he was a law enforcement officer? No. It was an unfortunate set of circumstances, and today we heard how it played out," White said.

After the shootings, Charles P. Stipetich's said his son looked at him and said, "Dad, I'm shot" and handed his gun to his dad, who then held McSwiggen at gunpoint until police arrived.

McSwiggen's formal arraignment is scheduled for Oct. 14.

Jessica Guay joined KDKA as a reporter in February 2021. Before joining KDKA, Jessica was a morning anchor and reporter at WJAC in Johnstown, Pennsylvania. She was also an anchor and reporter at WCHS in Charleston, West Virginia, and at WTOV in Steubenville, Ohio.

First published on September 14, 2022 / 7:06 PM

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