Killer of off-duty Oakdale cop fires lawyer, disrupts sentencing

A Pittsburgh man on Wednesday disrupted his sentencing for the 2022 road-rage killing of an off-duty Oakdale police officer by firing his lawyer, arguing with the judge and inconveniencing the victim’s relatives.

Kevin McSwiggen, 42, of the city’s Greenfield section, was scheduled to be sentenced by Allegheny County Common Pleas Judge Jill E. Rangos on a count of third-degree murder stemming from the July 3, 2022, shooting death of Charles “Chuckie” Stipetich.

A jury convicted him in July.

From the outset of the hearing, it was doubtful the sentencing would proceed.

Defense attorney Casey White said that he and McSwiggen disagreed about what motions ought to be filed following his conviction.

White filed a motion to withdraw from the case, and a hearing on that matter was scheduled for last week. But Rangos said McSwiggen refused to come out of his cell to attend — a fact that McSwiggen denied.

As soon as McSwiggen began to talk Wednesday, Rangos cut him off.

“I will not allow you to run the proceedings,” she said. “That’s my job.”

McSwiggen told the court that White told him he would not file appeals for him. The defendant said that he had no access to transcripts from his trial and that he wanted to file a motion for extraordinary relief before he is sentenced.

But Rangos told McSwiggen that he misunderstood the rules of criminal procedure, and that his rights continue to be protected. Motions, she said, should be filed after sentencing.

He continued to argue with her, prompting Rangos to respond: “Stop talking now. Stop talking now. Stop talking now.”

She told McSwiggen that White would do what the court instructed.

“I can’t have a counselor I do not trust,” the defendant said. “He has not done what needed to be done — be it for trial or after trial.”

Rangos then handed McSwiggen her copy of Pennsylvania’s Rules of Criminal Procedure. He leafed through his own black and white composition book instead.

McSwiggen told Rangos that White should have filed a motion for extraordinary relief following his conviction.

“I did not feel that it had merit,” White said. “I didn’t think it would have much traction.

“That was the beginning of our falling out.”

McSwiggen then said, “I’m firing him,” and asked to have an attorney from the county public defender’s office appointed to represent him.

Rangos agreed to do so and postponed the sentencing.

Deputy District Attorney Lisa Carey objected, saying that the victim’s family had all gathered to attend the hearing, including one person who flew in to Pittsburgh.

One member of the victim’s family in the gallery used an expletive in frustration.

“I have no choice,” Rangos said. “He has the right to counsel at all stages.”

Jim Hankle, who spoke on behalf of the Stipetich family after the hearing, said he understood why the judge delayed the hearing.

“I think she had to, procedurally,” he said. “He has put her in a precarious situation.”

But, the family is frustrated.

“It was pretty obvious it was intentional on the defendant’s part to try and avoid sentencing,” Hankle said. “I don’t think he’s done himself any favors, but it’s his right.”

McSwiggen shot and killed Stipetich, 23, after following him for more than a mile after he said Stipetich cut him off on Route 28.

Stipetich drove to his home on Fountain Street and as he got out of his vehicle was confronted by McSwiggen, who was armed with a gun and a knife.

The two men argued until the officer’s father, Charles P. Stipetich, got between the two men.

Prosecutors said McSwiggen shot Stipetich, who returned fire, injuring the defendant.

At trial, White told the jury that the shooting was in self-defense, but the jury didn’t buy it, finding McSwiggen guilty of both third-degree murder and reckless endangerment.