The Summerville Police Department announced Anthony DeLustro, an off-duty officer who shot and killed Michael O’Neal, a 39-year-old man from Pfafftown, North Carolina, during an altercation on March 20, was arrested Wednesday, April 10, and charged with murder in connection with O’Neal’s death, according to Lt. Shaun Tumbleston.
The South Carolina Law Enforcement Division (SLED) informed the Summerville Police Department of the charges filed against DeLustro, 64, who was terminated by Summerville Police Chief Doug Wright shortly after. He was previously on paid administrative leave.
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“As the judicial process unfolds, the Summerville Police Department will defer inquiries about the incident to SLED,” Tumbleston said in the release. “This tragedy has profoundly affected two families, and we extend our deepest sympathies to both.”
At a hearing Wednesday night where bond was denied, DeLustro said he has dedicated his life to public service since he was 21. He said he was at Ground Zero after the 2001 terrorist attacks. He said he has since battled cancer and has not had a substantiated complaint against him in 35 years of policing.
DeLustro didn't talk about the shooting, but said he and his wife lost a daughter in 2021 and are raising two granddaughters, ages 13 and 10.
“I just ask you for mercy so I can help my wife with the girls while we go through this,” DeLustro said in his bond hearing streamed by WCSC-TV in Charleston.
DeLustro's bond request was denied. Because he is charged with murder, whether DeLustro receives bond will be determined by a circuit court judge. His next court date is 2:30 p.m. Friday, June 14.
Ninth Circuit Solicitor Scarlett Wilson will prosecute the case. If convicted, DeLustro faces 30 years to life in prison.
The altercation between DeLustro and O’Neal, who was in Summerville for job training, occurred outside the Chick-fil-A restaurant at 1312 North Main St. in Summerville.
In a statement previously issued on a GoFundMe page by O’Neal’s first cousin, Amy Nail, O’Neal’s family expressed their respect for law enforcement while emphasizing the importance of accountability.
“This is a family that has a great deal of respect for law enforcement in general yet is fully aware that no profession is free of bad actors,” Nail said. “We remain optimistic that the SLED detectives will find the truth and bring about justice.”
DeLustro began his career in 1980 with the New York City Police Department, where he worked until 2003. He later served with five different departments in South Carolina between 2003-13 and again from 2020-24. While in New York, he was accused of misconduct three times. He was twice cleared by New York's Civilian Complaint Review Board in his use of force for complaints that happened in 1982 and 1990. He retired in 2003 before the board could finish investigating another complaint against him. The board cleared three other officers involved in a late 2002 incident.
Following the shooting, DeLustro sustained non-life-threatening injuries and was transported to the hospital. He was subsequently placed on administrative leave.
Summerville Police Chief Douglas Wright described the event as “a struggle for all who were involved.”
Initially categorized as an “officer-involved shooting,” SLED announced later it was investigating the incident as a fatal shooting involving an off-duty officer. The exact circumstances leading to the deadly altercation remain unclear. Berkeley County Coroner Darnell Hartwell said the fatal shot entered O'Neal's right arm and traveled into his chest. Hartwell previously said DeLustro was taken to a local hospital for non-life-threatening injuries.
SLED's investigation is active and ongoing, according to spokesperson Renee Wunderlich.
This article was updated at 9 p.m. Wednesday, April 10.
