In South Carolina, police officers are never truly “off duty.” On March 20, 2024, Summerville Police Officer Anthony Delustro was off duty and exiting a Chick-Fil-A parking lot when he encountered Michael O’Neal of North Carolina. O’Neal began assaulting Officer Delustro.
Officer DeLustro verbally identified himself as a police officer, displayed his Summerville Police Department credentials, informed O’Neal that he was being placed under arrest, and made attempts to detain him. O’Neal slapped the credentials out of Officer Delustro’s hand and proceeded to leave the scene. Officer DeLustro suffered serious injuries, and O’Neal tragically succumbed to his.
Officer Delustro was later charged with murder and attempted kidnapping. At the time, Officer Delustro was a member of the National Fraternal Order of Police (“FOP”) Legal Defense Plan which promised to provide a legal defense to Officer Delustro in the event of a criminal action against him arising out of his activities as a law enforcement officer – and to do so whether he was on duty or technically off duty.
While the FOP initially provided an attorney to defend Officer Delustro, they subsequently reversed course and denied Officer Delustro’s claim for a legal defense under the Plan.
Bland Richter announces its representation of Officer Anthony Delustro in filing an action today against the National Fraternal Order of Police that seeks to make the FOP honor its commitment to defend officers like Anthony Delustro who face criminal charges arising out of their law enforcement duties.
Click Here for the Summons Complaint and Exhibits filed on May 28, 2025.