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By P. DOUGLAS FILAROSKI; Times Leader Staff Writer
Tuesday, June 11, 1996 Page: 1A
WILKES-BARRE — The district attorney cleared city police of any wrongdoing
Monday in the death of a man arrested after climbing into a couple’s pickup
truck last weekend.
District Attorney Peter Paul Olszewski Jr. said an investigation of police
showed officers acted professionally Saturday night while subduing Thomas C.
Zbegner on South Main Street.
Zbegner, 38, of Jean Street, Wilkes-Barre Township, was pronounced dead
Saturday at Mercy Hospital in Wilkes-Barre, minutes after he stopped breathing
during an altercation with police.
The cause of death is unknown, although Luzerne County Coroner Dr. George
Hudock said an autopsy showed Zbegner might have suffered a heart attack and
might have been using drugs at the time of his death.
Investigators are awaiting results of tissue samples and toxicology tests
to determine the cause, Hudock said. He said the test results could be
available in a week.
Although some witnesses expressed concern Monday about police actions
during the violent arrest, Olszewski said most people interviewed by county
detectives said officers showed “exemplary self-restraint.”
At a press conference Monday at the Luzerne County Courthouse, Olszewski
said he is “more than satisfied that all Wilkes-Barre police officers … used
extreme professionalism.”
Zbegner had climbed into the bed of a couple’s pickup truck while it was
stopped at the corner of Oxford and South Main streets about 7:30 p.m. and
refused to leave, Olszewski said.
Police did not release the couple’s name, but described them as a boyfriend
and girlfriend. The woman’s two children also were in the truck, said county
Detective Daniel Yursha. The children were not in the back portion of the
truck.
The man driving the truck locked the cap covering the truck bed and drove
toward the police station. On the way, the driver encountered Wilkes-Barre
police officer Michael Lando, who was involved in a traffic stop in the 700
block of South Main Street, Olszewski said.
Bill Guzzi, who lives near the site of the incident, said he went to his
window to show his 2-year-old daughter the flashing police lights.
He said he noticed a car pulled over in the southbound lane, then saw a red
pickup truck speed to the scene.
“The (driver) was waving to the officer, and motioning to the back of the
truck,” Guzzi said.
After Lando unlocked the cab, Zbegner leapt out, knocked Lando off balance,
and tried to flee, he said.
“He was just flipping out,” Guzzi said. “He had that look in his eyes, like
he was crazy.”
Lando tackled Zbegner, and both men rolled on the ground, Guzzi said.
Zbegner escaped briefly, but Lando pulled him back down, Guzzi said.
“I know the officer did what he had to do,” Guzzi said. “God only knows
what that man could have done with children around.”
Olszewski said Lando contained Zbegner on the ground as at least three
other officers who arrived helped handcuff him.
Lando, no age available, was treated for chest pains at Mercy Hospital and
released Saturday night. He remained off duty Monday, said Wilkes-Barre Police
Chief Joseph Coyne.
Although Guzzi said he couldn’t fault the officers’ overall conduct, he
questioned specific actions.
He said one officer pressed his knee hard to Zbegner’s neck while twisting
his head as Zbegner lay on the ground. Another placed his foot in Zbegner’s
back, and pulled hard on his arms, Guzzi said.
“I don’t think at that point he was fighting police. I think he was
fighting for his life,” Guzzi said.
Hudock said the autopsy showed fluid in Zbegner’s lung, which indicates he
might have suffered a heart attack.
Zbegner was 5 feet 10 inches tall and weighed 175-180 pounds. Three of his
ribs were broken, but Hudock said the injuries could be attributed to the
cardiopulmonary resuscitation attempted by officers at the scene.
Zbegner’s body temperature was 104 degrees four hours after he died. His
eyes were dilated, and his skin had multiple scars, all of which are
consistent with drug use, Hudock said.
Luzerne County court records show Zbegner had either pleaded guilty or was
found guilty of several criminal charges since 1991.
He received six months of home confinement for possession of a controlled
substance in 1992, and three to six months in jail for forgery, criminal
conspiracy and attempt to procure drugs in 1991, records show.
TIMES LEADER/RICHARD SABATURA
Wilkes-Barre Police Chief Joseph Coyne, left, listens as Luzerne County
District Attorney Peter Paul Olszewski Jr. discusses his office’s
investigation of a man who died while in police custody. Olszewski said most
people interviewed by county detectives said officers showed `exemplary
self-restraint.’