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Former Summerville police officer faces murder charges in Chick-fil-A shooting

Off-duty officer shot and killed a 39-year-old man after an altercation in the fast food restaurant's parking lot

SUMMERVILLE, S.C. — A 64-year-old former Summerville Police officer is facing a murder charge after an altercation lead to a shooting death in a fast food restaurant parking lot.

South Carolina Law Enforcement Division (SLED) has charged Anthony DeLustro with the March 20, 2024, murder of Michael O'Neal, 39, at the Chick-fil-A located at 1312 North Main St. in Summerville.

According to a detailed report including witness statements, DeLustro and O'Neal got into a physical fight after words were exchanged, DeLustro being identified as the aggressor. The two men exchanged slaps and blows until DeLustro pulled out his Summerville Police Department law enforcement credentials and attempted to arrest O'Neal. As the fight continued, DeLustro's handgun fell from his holster and came to rest behind DeLustro's Ford Edge. 

Witnesses say O'Neal stopped fighting and attempted to leave in his Hyundai Genesis. DeLustro, who was being restrained by other witnesses, told O'Neal he would shoot him if O'Neal left. DeLustro then broke free from his restrainers, picked up his gun and walked towards O'Neal's vehicle. DeLustro's wife attempted to stop O'Neal from entering the Hyundai.

Once inside the vehicle, O'Neal attempted to leave the scene but DeLustro opened the passenger side door of the Hyundai and entered the vehicle. Witnesses say O'Neal shouted at DeLustro to get out of the car and then DeLustro shot O'Neal as he attempted to drive away.

In an interview with law enforcement after the incident, DeLustro admitted to shooting O'Neal and acknowledged that O'Neal was unarmed and attempting to leave the scene. He claimed he was using deadly force in self defense because O'Neal was driving the car and DeLustro, sitting only partially in the car, was afraid that he could not get his legs from under the moving vehicle.

Eyewitness statements and video evidence did not support DeLustro's account of the incident, leading to the murder charge against DeLustro.

DeLustro was booked into the Berkeley County Detention Center.

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