Superseding Indictment Charges Ambridge Men with Obstruction of Justice, Civil Rights Violations

February 12, 2010 - Acting United States Attorney Robert S. Cessar announced today, February 11, 2010, that two residents of Ambridge, Pennsylvania, were indicted by a federal grand jury in Pittsburgh on obstruction of justice and criminal civil rights violations. The four-count superseding indictment named Richard Heitzenrater, age 60, and Robert Kuzma, age 50.

According to the superseding indictment, Heitzenrater, while acting as an officer with the Ambridge Police Department, used excessive force in the assault of David Baker and thereby violated his civil rights. Heitzenrater and Kuzma are further alleged to have conspired to obstruct official proceedings by destroying or altering evidence, and to have obstructed official proceedings by destroying or attempting to destroy evidence. Kuzma is charged with aiding Heitzenrater in avoiding prosecution, knowing that Heitzenrater had committed a federal civil rights violation.

Assistant United States Attorney Soo C. Song, who presented the case to the grand jury, indicated that the law provides for a maximum total sentence of 50 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants. The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation leading to the indictment in this case.

An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.