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Pa. chief who pulled gun on former firefighter supported

Jonathan D. Silver Pittsburgh Post-Gazette

Copyright 2006 P.G. Publishing Co.

An investigation has determined that Pittsburgh police Deputy Chief Earl D. Woodyard Jr. acted appropriately in January when he drew a gun during a confrontation with a former city firefighter.

The city’s Office of Municipal Investigations, an independent entity that uses both Pittsburgh police officers and civilians to investigate complaints against city employees, conducted the inquiry.

“OMI reviewed Deputy Chief Woodyard’s actions and determined that he acted appropriately under the circumstances,” according to a news release yesterday from the Pittsburgh Bureau of Police.

According to the office’s Web site, OMI is merely a fact finder and forwards its findings to the director of the department in which the employee works. In this case, that would be police Chief Dominic J. Costa.

OMI Manager Kathy Kraus would not discuss the substance of the investigation. She said a civilian investigator handled the case. Neither she nor other city officials would release the report.

Police spokeswoman Tammy Ewin said no one from the bureau would comment. Deputy Chief Woodyard, who initially spoke to the news media at length about the incident, did not return calls.

At the time of the incident, Deputy Chief Woodyard and the retired firefighter, Melvin Gay, 34, of Garfield, told different versions of what happened Jan. 21 in the 3800 block of Bigelow Boulevard.

Mr. Gay said he did nothing to provoke Deputy Chief Woodyard to pull a gun, and he claimed that the deputy chief cocked his wrist to lift the gun. He also claimed Deputy Chief Woodyard did not identify himself as a police officer.

The encounter occurred around 10:20 p.m. near the Residence Inn by Marriott, in Oakland. Mr. Gay said he had left a party to cool his temper after arguing with his girlfriend. Mr. Gay claimed a gun was drawn on him for no reason after he notified Deputy Chief Woodyard that he had dropped a comb.

Deputy Chief Woodyard, who was acting chief at the time, said he was just finishing dinner at a nearby restaurant when he became aware of a commotion outside. He said he kept his gun at his side and found Mr. Gay in a disorderly state.

Mr. Gay was not charged with any crime. Contacted yesterday, he said he was unaware of the OMI findings.

The police news release said Deputy Chief Woodyard carried his firearm “at his side.” The investigation, it said, included “interviews of eight independent witnesses and a review of multiple 911 calls reporting disorderly behavior by the complainant.”

City Solicitor Susan Malie would not release transcripts of the 911 calls.

The Pittsburgh Citizen Police Review Board has an open investigation into the incident.

Jonathan D. Silver can be reached at jsilver@post-gazette.com or 412-263-1962.

Earl Woodyard Jr.