Robert Magnifico, 59, of Ellwood, Lawrence County, was charged Friday with official oppression, tampering with public records, unsworn falsification to authorities, simple assault, and harassment, according to online court records.
Attorney General Dave Sunday said Magnifico, who was a sergeant with the Ellwood City Police Department at the time, was “engaged in abusive and intimidating behavior” and that his actions negatively impact law enforcement.
“The encounter, which was captured on video, shows a sworn officer engaged in abusive and intimidating behavior that is clearly out of bounds, and, in fact, a series of criminal acts,” Sunday said in a statement. “Pennsylvanians should feel confident they can depend on law enforcement officers to protect them, and this one officer’s actions threaten that sense of security.”
Sunday said the 19-year-old victim and his friend bought food at the Sheetz along 5th Street in Ellwood City on June 6. As the 19-year-old forgot his phone, he called the store and was told he could return and get it.
Sunday says the 19-year-old experienced an issue with staff who did not give him his phone back, despite him providing the passcode and other information about it. The man became upset, and police were called to the store. Magnifico was the officer who was dispatched to the Sheetz
Magnifico allegedly pushed the man to the ground and verbally berated him after he arrived at the store, Sunday said. The man then asked for Magnifico’s badge number and name, which he provided while walking towards the man, bumping into him in an intimidating manner, Sunday said.
The incident, Sunday said, was recorded on the friend’s phone, which Magnifico allegedly grabbed and threw onto a table. After the two customers left the store, the one who was allegedly assaulted was treated at a hospital.
When Magnifico filed a report about the incident, it was not accurate, Sunday added.
Magnifico’s preliminary hearing is scheduled for Nov. 18. Senior Deputy Attorney General Kara Rice will prosecute the case. According to Sunday, Magnifico retired last month.
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