Former Summerville officer charged with murder faces circuit court judge; no decision on bond

BERKELEY COUNTY, S.C. (WCBD) – A former Summerville officer accused of shooting and killing a man in a Chick-fil-A parking lot earlier this year appeared in a Berkeley County courtroom Monday afternoon.

Anthony DeLustro, 65, was indicted for murder and attempted kidnapping in connection with the March 20, 2024 death of Michael O’Neal outside the North Main Street restaurant.

He faced a circuit court judge for the first time since that shooting. But there was no ruling on whether or not he will be granted bond.

DeLustro entered the courtroom using a crutch. His attorney told the judge his time in jail has been difficult and that he’s been dealing with injuries that stem from the altercation outside Chick-fil-A.

The attorney argued that DeLustro was not a danger to the community or a flight risk. He said the former officer was evaluated by a professional who verified that.

DeLustro’s attorney said he is a family man, raising his grandchildren, and brought up his close ties to his community and involvement in church, as well as his extensive law enforcement career.

But Ninth Circuit Solicitor Scarlett Wilson said she has been speaking with the victim’s family. While she’s not concerned he is a flight risk, she is more concerned that he is a danger to the community.

She brought up statements by witnesses who observed the incident and told the judge that a previous employer had noted that he could have a temper.

DeLustro was initially denied bond by a magistrate judge because they cannot grant bond for a murder charge.

The circuit court judge said Monday that she will read over everything presented in the courtroom and make an order later this week, likely on Friday.

DeLustro was off duty when he engaged in a confrontation with O’Neal. Affidavits provided by the South Carolina Law Enforcement Division (SLED) show he exited his vehicle and the two got into a physical altercation.

At some point during the scuffle, DeLustro told O’Neal that he was under arrest and pulled his Summerville Police Department credentials from his back pocket and presented them before they fell to the ground. DeLustro’s handgun also fell from his holster onto the pavement.

Bystander video shows O’Neal disengaging from the situation and walking back to his vehicle. A witness reportedly heard the victim say he wanted to leave.

Another witness who was restraining DeLustro heard the off-duty officer tell O’Neal that he would shoot him if he left. Video released by SLED shows DeLustro breaking free and picking up the handgun from the pavement.

DeLustro opened the victim’s passenger side door and entered the vehicle while armed with his handgun. O’Neal told DeLustro to “get out of my car,” and began to drive away while DeLustro was still partially seated and fired a single shot from his gun.

O’Neal was shot and killed at the scene. Berkeley County Coroner Darnell Hartwell said O’Neal suffered a gunshot wound to the right arm that traveled to the chest.

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