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Deputy cleared in death

Fatally shot man in December

By CHRISTOPHER BOBBY Tribune Chronicle
POSTED: May 23, 2008

Article Photos


WARREN — Trumbull County Prosecutor Dennis Watkins on Thursday called Deputy Anthony Diehl’s actions last December ‘‘a textbook example of justifiable homicide by a police officer responding to a call and doing his duty while at the same time risking his own safety and life to protect us all.’’

John Wade McGrath Jr., 48, 7818 Saddler Krohler Road, Gustavus, died Dec. 22 of a gunshot wound to the chest after a bullet from Diehl’s weapon entered near the armpit, Watkins said. McGrath was pronounced dead just before 3 a.m. at St. Elizabeth Health Center in Youngstown.

McGrath Jr. was shot after pulling a gun on the deputy while intoxicated. An autopsy showed McGrath’s blood-alcohol content was 0.23. The legal limit in Ohio to be considered driving under the influence is 0.08.

The autopsy also showed the presence of cocaethylene, which is formed in the body when cocaine and alcohol are taken at the same time — according to the report — as well as cocaine, the sedatives diazepam and nordiazepam, and the opiates hydrocodone and oxycodone.

Watkins formally cleared Diehl through what was described as an ‘‘exhaustive’’ report by agents of Ohio’s Bureau of Criminal Identification and Investigation.

Three BCI agents turned over a 600-page report compiled by BCI Supervisor Gerald Mroczkowski and special agents Edward Lulla and Al Bansky, a former Warren detective.

Watkins also credited Sheriff’s Office detectives Sgt. Pete Pizullo and Michael Yannucci and Howland detective Nick Roberts with initial crime scene work at the Mecca home.

McGrath was shot as he was helping a family friend remove items from her former home at 6868 Hoagland Blackstub Road in Mecca. According to BCI reports, McGrath and the woman met hours before the fatal confrontation. She had been at the house removing some of her things while her estranged husband was gone.

Bansky supplied Watkins with a detailed timeline.

The BCI agents also accounted for 14 shots from McGrath’s gun, including the two shells found near his body and fired at Diehl, and 12 others fired into a door lock and appliances inside the house.

Before the shooting, McGrath and the woman were at a house party in Warren where they were drinking, investigators said. They then went to a friend’s home in Warren, where they continued to drink, according to reports.

The two then went to his business, Mosquito Four Wheel Drive on state Route 88, for a time before going to the Hoagland Blackstub home.

Although the woman had a key to the house, investigators theorized the pair could not get the door open. McGrath tried to push down the locked garage door with his truck but was stopped by a boat on a trailer, the sheriff said. The door was bent by the effort.

Instead of trying further with the house key, the Gustavus man pulled his 9 mm Smith & Wesson pistol and began firing at the doorknob of the home. Three shots left it so mangled the woman later cut her hand on the knob, deputies said at the time.

A neighbor heard the shooting and called 911. He also approached the house, scaring off the two before a cruiser could arrive.

The pair went back about 1 a.m. and walked in because the knob was shattered. Once inside the home, the Mecca man began wildly firing his pistol, according to reports.

Hearing more shots, the neighbor again called 911. McGrath was loading a cabinet from the home into the bed of his truck when Diehl began walking up the driveway from the road where he had parked his cruiser.

Diehl was in uniform and had a flashlight. He identified himself and ordered McGrath to stop.

The neighbor said that in the illumination of the flashlight, he saw McGrath turn quickly toward the deputy with his gun leveled. There was a shot, followed quickly by three others, a witness said. Diehl told investigators that McGrath had fired first.



cbobby<\@>tribune-chronicle.com

Member Comments
View Comments: | 1-6 | Post a comment
BabyRttn
08-20-08 3:21 PM
VoiceofReason - Your opinion means nothing. I read your comment and want to puke. I wish you were on the other side of the * * * * * * . You have no idea what N * G * E * Deihl did in the 3 weeks prior to John's HOMICIDE. This wasn't the first time Deihl pulled a gun on John. In fact, for the 3 weeks prior to the shooting Anthony attempted to arrest John for BULL%^&* reasons with no avail. John simply hated N*GG**S and for good reason. Anthony des***** John. YOU need to get a clue...

VoiceOfReason
05-30-08 11:08 AM
NormaJo - you need to stand on the other side of the gun that is pointed at you, while bullets are flying past your head. Then maybe you can talk intelligently about who was in danger. Get a clue...

NormaJo
05-25-08 12:50 AM
I knew Rotten since 9th grade, yes, he was "out of control", he had a lot on his mind. The sherriff could have delt with the situation without death. The sherriff knew Rotten, He was only helping a friend. He did not deserve to die. Probably that black cop better stay out of Mecca! Rotten would do anything for anybody that treated him right, he was dealing w/ alot. The sherriff was not in danger, I know Rotten.

VoiceOfReason
05-23-08 1:54 PM
He did exactly what needed to be done. I like the trib reporters summary - it was a lot shorter than a 600 page report. Isn't a phone book about 600 pages? A ream of paper is 500 sheets.

Pandora
05-23-08 12:39 PM
Not from me...

We're all better off without crazy people like that walking our streets.

pahootaman
05-23-08 9:28 AM
vocal outrage over a cop doing his job in 3..2..1..

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