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Before charges were filed against him following a March 2024 confrontation outside a Chick-fil-A restaurant in the South Carolina Lowcountry, Anthony DeLustro was viewed as a vastly different kind of police officer, according to attorneys representing him in a lawsuit filed against the Fraternal Order of Police (FOP).
On September 11, 2001, as DeLustro ran bravely toward the twin towers, he would have been called a hero. A decorated officer, DeLustro returned to law enforcement work in Summerville, S.C. following his 2023 retirement to support his family – including his grandchildren and an adult son with Down syndrome.
Those perceptions were shattered, though, when DeLustro was charged with murder and kidnapping following the fatal March 20, 2024 shooting of 39-year-old Michael O’Neal. An investigation by the S.C. State Law Enforcement Division (SLED) concluded DeLustro’s use of deadly force during his altercation with O’Neal was not justified.
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Delustro was denied bond on the charges filed against him – and held in custody for months. He was eventually released in early 2025 due to health complications, including lingering illness from the toxic exposure of 9/11.
Now, DeLustro has found himself abandoned by the Fraternal Order of Police (FOP). The brotherhood that had sworn to defend him — which he paid to defend him — has allegedly abandoned him and refused to provide for his legal defense.
The FOP’s decision was based on its determination that DeLustro was off duty when the incident occurred. This was contrary to the words of the Summerville police chief who insisted officers were “never truly off duty” within the city limits – and an FOP policy that defined its legal defense plan as pertaining to “law enforcement activities authorized or required… whether on duty or technically off duty.”
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RELATED | SOUTH CAROLINA COP CHARGED IN CHICK-FIL-A SHOOTING
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THE INCIDENT
On March 20, 2024, Anthony DeLustro and his wife were waiting in line at the drive-thru of the Chick-fil-A restaurant off of North Main Street in Summerville, S.C.. According to multiple witness accounts and law enforcement reports, that’s where they encountered 39-year-old Michael O’Neal of North Carolina — a man DeLustro later claimed was acting aggressively.
What happened next unfolded quickly… with fatal consequences.
The initial confrontation reportedly began with words exchanged between the two men, though it’s still unclear exactly what sparked the argument. DeLustro — a recently rehired police officer with the Summerville Police Department — exited his vehicle with a firearm. Though he was not in uniform, DeLustro had his badge in his pocket and later claimed he identified himself as law enforcement.
DeLustro told investigators O’Neal attempted to flee the scene in his vehicle, at which point DeLustro claimed he was dragged — sustaining injuries to his leg. Believing his life was in danger, he fired a single shot into the vehicle, striking and killing O’Neal.
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However, SLED’s investigation painted a different picture. Surveillance footage and witness testimony reportedly contradicted DeLustro’s account. According to SLED’s findings, O’Neal was inside his vehicle and posed no immediate threat when DeLustro discharged his weapon. As a result, investigators determined his use of deadly force was not legally justified.
“A reasonable person could not have reasonably believed that the victim posted a threat of imminent danger of death or serious bodily injury to others because the victim was unarmed, walked away from the alterction and attempted to leave in his vehicle,” a probable cause affidavit accompanying the warrant for DeLustro’s arrest on a murder charge noted. “(DeLustro)’s claims do not meet the elements of self-defense.”
Conversely, O’Neal “did have a right to act in self-defense,” according to the affidavit.
The shooting occurred in a public parking lot in broad daylight, sparking alarm among onlookers and prompting an immediate police response. Officers arriving on the scene recovered DeLustro’s weapon and secured the area as emergency responders attempted to assist O’Neal, who was pronounced dead shortly afterward.
SLED’s report led to DeLustro’s arrest and subsequent indictment on charges of murder and kidnapping — the latter stemming from allegations that he unlawfully detained O’Neal during the encounter. The charges shocked many in the law enforcement community and drew public scrutiny over DeLustro’s background, including past complaints during his previous tenure in law enforcement.
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JUST FILED: Bland Richter Files Suit to Hold FOP Accountable After Denying Legal Defense
— Bland Richter (@BlandRichterSC) May 28, 2025
? Read the full press release here -> https://t.co/4WREBEjsm0
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BREACH OF CONTRACT
Now, DeLustro is suing the national police organization which he says promised to defend him. He is being represented in his case by attorneys Eric Bland and Ronnie Richter. In his pleading (.pdf), DeLustro claimed he was acting as a police officer on March 20, 2024 in the altercation that ended O’Neal’s life, but according to his complaint the FOP is treating him like he never was one.
In a civil complaint filed on Wednesday (May 28, 2025), Delustro alleged that the Fraternal Order of Police Legal Plan, Inc. and its Summerville-Dorchester Lodge #48 breached their contract and violated the South Carolina Unfair Trade Practices Act by denying him ongoing legal defense coverage.
Delustro’s suit seeks actual and treble damages, reimbursement for legal fees, and accountability for what he describes as deceptive trade practices by the legal defense fund.
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THE COMPLAINT…
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ABOUT THE AUTHOR…
Callie Lyons is a relentless investigative journalist, researcher, and author known for exposing hard truths with heart and precision. As a journalist for FITSNews, she dives into high-profile and murky cases—like that of Mica Francis Miller— with fearless resolve and a sharp eye for detail, whether it’s tracking white-collar crime, uncovering religious abuse, or examining the often-bizarre behavior of those who believe they’re above the law.
Callie made waves with her groundbreaking 2007 book Stain-Resistant, Nonstick, Waterproof and Lethal, the first to reveal the dangers of forever chemicals, a story that helped inspire the film Dark Waters and influenced global scientific dialogue. Her work has appeared in numerous documentaries, including Toxic Soup, National Geographic’s Parched: Toxic Waters, and more recently Citizen Sleuth, which examines the complexities of true crime podcasting.
Whether she’s navigating environmental disasters or the darker corners of society, Lyons operates with one guiding belief: “Truth never damages a cause that is just.”
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3 comments
That is the FOP for ya. Back in the late 1980’s, they did the same to a Richland County deputy. I think his name was Introini or similar. Seems he had to get a little rough with some thug, as I recall, and Sloan fired him to get political points with the co-munity. Midlands FOP saw a chance to suck up to Sloan, the Sheriff, and get his blessing for RCSD deputies to join FOP. They threw Introini under the bus and the local board that decided the fate of such cases created a reason not to back him. Big red flag about depending on FOP to be there when you need them.
Add to that, anti-2A and anti Constitutional rights stances that FOP holds or has held and you have reasons to never support them with your wallet or your membership.
PBA is a much better option.
I’m a non-FOP cop but your comparison to Introini doesn’t wash. I liked Introini but he was a hothead and justifiably fired for punching a handcuffed suspect. He was lucky he wasn’t charged with assault or any other crime (as he assuredly would be these days) and the Sheriff has the right to fire at will, so I don’t know what the FOP was to expected to do for him.
I’m not a law expert but I’m struggling to see how they overcome the hurdle of “law enforcement activities authorized or required…”. If you’ve seen the video it’s really hard to argue that his behavior was authorized or required