Hirko jury nails Bethlehem, police officer for deadly raid

The verdict, reached after nearly nine days of deliberations, triggers a second phase in the more than five-month trial to determine how much the defendants should pay in damages.

The jury found that the city violated the civil rights of John Hirko Jr. and his fiancee, Kristin Fodi, in the way police conducted the raid. The jury also determined that officer Joseph Riedy violated Hirko's civil rights by shooting him, mostly in the back.

"It's been seven long years," Hirko's mother, Gwendolyn Dashner, said after the verdict. "Maybe my son can rest in peace now."

But it was not a complete win for Dashner, Fodi and landlord Tuan Hoang, whose property was damaged by the fire.

The jury cleared officers Todd Repsher and Michael Martinko of any individual wrongdoing. Repsher did not violate Hirko's rights by shooting at him once, the jury concluded, nor did Repsher and Martinko violate Fodi's rights when they took her into custody.

After the verdict, the legal team that pursued the lawsuit celebrated in the courtroom. Lawyer John Karoly Jr. and his associates hugged, kissed and congratulated Dashner, Fodi and Hoang.

"Good job," someone proclaimed. Another person uttered, "long road." And Dashner said, "We did it." Moments later, Dashner began crying.

The officers, some of their wives and the city's defense team left the courtroom subdued and shaken. Many sought privacy on another floor before they had to return to the courtroom.

The officers appeared expressionless. But their wives were outwardly emotional. Riedy's and Repsher's wives hugged. Defense lawyer Susan Engle, who had worked day and night on the case, had tears in her eyes.

Police killed Hirko as they stormed into his house on the city's South Side to search for drugs. Riedy fired at least 16 shots at Hirko from a submachine gun, claiming that Hirko fired first.

Riedy also tossed a flash-bang distraction device into the house, igniting a fire. Fodi, who saw Hirko being shot, escaped by lowering herself out of a second-floor window.

During the trial, she claimed that Hirko was not armed. Investigators did not find remnants of a bullet that Hirko might have fired.

Outside the federal courthouse in Allentown, Karoly said the verdict sent a message to police in Bethlehem and beyond.

"We showed them today that they are accountable and will be held accountable," he said. "That goes to all the cowboys who think they are judges, jurors and executioners."

The next phase of the trial, which is expected to be much shorter, is scheduled to start March 17, apparently because jurors have personal commitments before then.

Both sides will be able to present testimony to help the jury determine how much money to award. But the law prohibits the lawyers from suggesting a specific amount.

Karoly said any monetary award is secondary because the jury held Riedy and the city legally responsible. But he added, "I’m hoping that message gets louder and louder and louder with each dollar the jury awards."

Last Friday, the sixth day of deliberations, the jury reported that it was deadlocked 10-2, without disclosing which way it was leaning. To break the stalemate, both sides agreed to waive the rule requiring unanimity, taking a gamble that their side would prevail.

On Monday morning, U.S. District Judge James Knoll Gardner told the jury that only 10 would have to agree on a verdict. For unknown reasons, the jury took another four days to report its verdict.

About mid-morning Thursday, people began gathering in the courtroom as word of the impending verdict spread. Officers notified their families to come to the courthouse.

Just before bringing the jury into the courtroom, Gardner warned the packed courtroom that "outbursts, cheers and moans" would not be tolerated. At least eight deputy U.S. marshals positioned themselves around the room.

At 10:53 a.m., the jury walked into the courtroom and the foreman handed an envelope containing the 28-page verdict form to a law clerk, who handed it to the judge.

Asking the jurors to stand, Gardner checked their attendance, calling each by their juror number. Each replied, "here."

At 10:55, Riedy's wife arrived and sat next to him in the back of the courtroom. They held each others’ hands. His wife had been in the courtroom for much of the trial. So had Riedy's parents.

At 10:59, Gardner began reading the filled-out verdict form with 58 questions, many with two parts. His was the only voice that could be heard in the courtroom as he read the questions and the answers.

With the first five questions, the defense already knew it would not be a good day. Those were the questions relating to whether Riedy used excessive force by shooting Hirko.

Riedy shook his head slightly, swallowed several times and whispered to his wife.

As Gardner read the verdict form, people followed along. Perhaps two dozen people could be heard turning the pages in unison.

Twenty-one minutes later, Gardner asked if he had accurately read the jurors’ verdict, then added ? of at least 10 of them. "Yes, your honor," they replied in unison.

Defense lawyer Stephen Ledva Jr. asked Gardner to poll the jury. And the process of reading the verdict began again, but this time each juror answered how he or she voted on each question.

Riedy's parents walked into the courtroom. Silently, each touched their son on the arm as they passed him. He shook his head, perhaps to signify that things were not going well.

The polling of the jury revealed that jurors No. 6 and 11 ? both men ? repeatedly voted to not hold the police accountable.

As Gardner asked each juror to respond, juror No. 6 seemed to be making a statement in the way he answered. Loudly and distinctly, he replied "no."

After the jury was polled, Karoly nodded his head at the jury and smiled.

And Gardner thanked the jurors for their "tremendous effort."

"We have asked an incredible amount from each of you," Gardner said, "and each of you have given an incredible amount of yourselves."

The verdict means the jury believes officers acted recklessly or intentionally when they violated the rights of Hirko and Fodi and by damaging Hoang's property. The jury held the city responsible by concluding that police were following a city policy, practice or custom.

The jury also concluded that police did not have a "facially valid" search warrant. Nor did police knock and announce their presence and wait a reasonable amount of time before entering the home, the jury reported.

But the jury found that the city properly trained the officers and that police did not engage in a civil conspiracy.

A few hours after the verdict, Mayor John Callahan took responsibility for the decision to waive the unanimity rule for the jury, though he said his legal team advised him to do so.

"I’m going to deal with it, get it behind us and move on," he said.

The officers, including Riedy, declined to comment until the end of the trial.

Fodi said she was thinking of Hirko. "I hope he's happy, wherever he is."

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Reporters Romy Varghese and Matt Assad contributed to this story.

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