Statement of U.S. Attorney William M. McSwain Regarding Federal Charges for the Murder of Philadelphia Police Sergeant James O’Connor

 PHILADELPHIA, PA – On December 10, 2020, U.S. Attorney McSwain convened a press conference to announce federal charges against four defendants for the murder of Philadelphia Police Sergeant James O’Connor on March 13, 2020 and related drug and weapons charges.  Below are his remarks from the press conference.

Good afternoon, everyone.  We are here to announce that the U.S. Attorney’s Office has unsealed an Indictment against four individuals – Hassan Elliott, Bilal Mitchell, Khalif Sears and Sherman Easterling – for the murder of Philadelphia Police Sergeant James O’Connor, as well as related drug and weapons charges.  As we all know, Sergeant O’Connor was tragically killed in the line of duty in the early morning hours of March 13, 2020 in the City’s Frankford section, while attempting to serve a murder warrant with his SWAT unit on Mr. Elliott, who was suspected of committing a murder in 2019.

Before I get into more details about the Indictment, I want to thank the members of the prosecution team who have worked tirelessly on this case literally from the moment that we learned of the murder.  Specifically, I want to thank Sal Astolfi, the Deputy Chief of our Criminal Division; Jeanine Linehan, the Chief of our Violent Crime Unit; and Jonathan Ortiz, the Deputy Chief of our Violent Crime Unit.  And standing with me today, I want to thank Ashley Martin and Lauren Stram, both Special Assistant U.S. Attorneys cross-designated to our Office from the Pennsylvania Attorney General’s Office; and Assistant U.S. Attorney Christopher Diviny.  I also want to thank the Bureau of Alcohol, Tobacco, Firearms and Explosives, which is the federal agency partner on this case, and the Philadelphia Police Department, for their support.  Standing with me today are Matt Varisco, the Special Agent in Charge of ATF’s Philadelphia Field Division; Melvin Singleton, the First Deputy Philadelphia Police Commissioner; and John McNesby, the President of the Fraternal Order of Police, Lodge 5.  I want to thank Sergeant O’Connor’s family for being here today for this announcement.  And I want to thank his extended family of fellow officers who loved him for being here, as well.

The four defendants in this case are alleged members of a drug trafficking group known by several names, including “1700 Scattergood,” operating within the Frankford section of Northeast Philadelphia and surrounding areas, that obtained and distributed crack cocaine and other controlled substances.  According to the Indictment, all four defendants are responsible for the murder of Sergeant O’Connor, which occurred as he was climbing the stairs at 1688 Bridge Street, an alleged stash house for the drug gang.  Significantly, the Indictment also contains a Notice of Special Findings against Mr. Elliott.  These Special Findings make him eligible for the federal death penalty.

Sergeant O’Connor was a 23-year veteran of the Philadelphia Police Department.  He was a married father of two whose family has deep roots in the Department.  His father was a Philadelphia Police Officer; his son and his daughter-in-law are both Philadelphia Police Officers, as well.  His daughter serves in the U.S. Air Force.  Sergeant O’Connor was a loving son, husband, father and grandfather.  He leaves behind a legacy of public service, honor, integrity – and bravery.  He literally gave his life to protect our community.

Sergeant O’Connor’s murder was entirely preventable.  As I have already explained in detail in previous public statements on March 16 and March 19, Hassan Elliott never should have been on the street in the first place – he should have been in jail.  The only reason he was out of jail was because of the pro-violent defendant policies of the Philadelphia District Attorney, Larry Krasner.  These policies prioritize “decarceration” of violent offenders over public safety.    

Krasner’s policies coddle and embolden violent criminals, create a culture of lawlessness, and have inevitable consequences – one of which is a murder rate in Philadelphia that is the highest it has been in several decades.  In 2020, we have already seen more shootings in Philadelphia than in any other year – ever.  As I explained in my public statements on September 14, many of these shootings and murders were possible only because of District Attorney’s willingness – indeed, his eagerness – to return violent offenders to the streets, where they can continue to threaten, assault, shoot and kill.

In order to address this epidemic of violence in our city, we must have the courage to tell the truth.  The truth is that, as a practical matter, Krasner’s pro-violent defendant policies are what put Elliott on the street; they put this horrible chain of events in motion; and in that sense, these policies are every bit as responsible for Sergeant O’Connor’s alleged murder as the defendants. 

Given these facts, it would be absurd, even grotesque, to leave it up to Krasner to direct the prosecution of Sergeant O’Connor’s alleged killers.  And it would be cruel to ask Sergeant O’Connor’s family to simply cross their fingers and hope that Krasner’s pro-defendant agenda does not victimize them yet again.  That absurdity ends today.

No family should ever have to go through what the O’Connors have experienced over the past nine months, or what they will have to experience for the rest of their lives.  We cannot bring their loved one back, but we can honor him by seeking justice and by doing all that we can to prevent this type of tragedy from occurring again.  We promise the O’Connor family, we promise the Philadelphia Police Department, and we promise the community, that we will do exactly that.  Thank you.

Man Charged with Possession of a Firearm by Illegal Alien

Jose Miguel Perez, 31, of Philadelphia, Pennsylvania, was charged today by indictment with one count of possession of a firearm by an illegal alien, announced United States Attorney Zane David Memeger. The indictment alleges that on or about August 24, 2012, Perez, an alien, knowingly possessed a Taurus Model PT 111, 9mm semi-automatic handgun loaded with 12 live rounds of ammunition.

If convicted, the defendant faces a maximum possible sentence of 10 years.

The case was investigated by the Philadelphia Police Department, U.S. Immigration and Customs Enforcement Homeland Security Investigations, and the FBI. It is being prosecuted by Special Assistant United States Attorney Karen Fox.

Citizens Bank Branch in Philadelphia Robbed

The Philadelphia Police Department and the FBI are seeking the public’s assistance to identify and locate the subject responsible for the robbery of the Citizens Bank branch located at 3711 Germantown Avenue earlier today. The same subject is believed to be responsible for the robbery of the Citizens Bank branch at 6324 Stenton Avenue on June 7, 2012.

At approximately 4:00 p.m., the subject entered the branch and presented a threatening demand note to teller. After obtaining an undisclosed amount of cash, the subject fled the area of the bank on foot.

The subject is described as a black male in his mid 20s, 5’8” to 5’9” tall, with a dark complexion, a medium build, a mustache and goatee. He was wearing a blue New York Yankees baseball cap and a gray T-shirt.

This subject is considered armed and dangerous. Anyone with information is asked to call the Philadelphia Police Department or the FBI at 215-418-4000. There may be a reward for information leading to this subject’s capture, and tipsters can remain anonymous.

Robbery of United Bank Branch in Philadelphia

The Philadelphia Police Department and the FBI are seeking the public’s assistance to identify and locate the subject responsible for the June 8, 2012 robbery of the United Bank branch located at 1501 North Broad Street in Philadelphia.

At approximately 12:09 p.m., the subject entered the bank and presented a threatening demand note to a teller. After obtaining an undisclosed amount of cash, the subject fled the area of the bank on foot in an unknown direction.

The subject is described as a black male in his mid 40s, medium build, with close-cropped balding hear. He was wearing eyeglasses, a blue polo shirt, blue jeans, and black sneakers.

This subject is considered armed and dangerous. Anyone with information is asked to call the Philadelphia Police Department or the FBI at 215-418-4043. There may be a reward for information leading to this subject’s capture, and tipsters may remain anonymous.

Robbery of a Vist Financial Branch in Philadelphia

The Philadelphia Police Department and the FBI are seeking the public’s assistance to identify and locate the subject responsible for the robbery of the Vist Financial branch at 8000 Verree Road on March 19, 2012.

At approximately 11:30 a.m., the subject entered the branch and presented a threatening demand note to a teller. After obtaining an undisclosed amount of cash, the subject fled the area of the bank, possibly in an older model, white, full-sized van with ladders on the roof.

The subject is described as a black male in his late 30s, 5’7” to 5’8” tall, stocky build, with a dark complexion and a thick beard; and he was wearing a black baseball cap with a red brim and logo on the front, a black jacket, and dark gray pants with the legs rolled up. The subject was carrying a red towel or rag in his rear pocket.

This subject is considered armed and dangerous. Anyone with information is asked to call the Philadelphia Police Department or the FBI at 215-418-4000. There may be a reward for information leading to this subject’s capture, and tipsters can remain anonymous.

Attempted Robbery of the PNC Bank Branch in Germantown

The Philadelphia Police Department and the FBI are seeking the public’s assistance to identify and locate the subject responsible for the attempted robbery of the PNC Bank branch located at 8340 Germantown Avenue yesterday.

At approximately 12:55 p.m., the subject entered the bank and presented a threatening demand note to a teller. The subject indicated that he was armed with a gun but fled the bank before obtaining any cash.

The subject is described as a black male in his late teens or early 20s, 5’5’’ to 5’6’’ tall, medium build, black hair, brown eyes, with a tattoo on his left forearm. He was wearing a blue and white plaid shirt.

This subject is considered armed and dangerous. Anyone with information about this subject is asked to call the FBI at 215-418-4000 or the Philadelphia Police Department. There may be a reward for information leading to the capture of this subject, and tipsters can remain anonymous.