Eyewitness interviews and video evidence collected by the South Carolina Law Enforcement Division (SLED) show that the cop 'did kill the victim with malice aforethought,' according to an affidavit provided by the state agency.
A reasonable person could not have reasonably believed that the victim posed a threat of imminent danger of death or serious bodily injury to others because the victim was unarmed, walked away from the altercation and attempted to leave in his vehicle.
Several witnesses told investigators that DeLustro was 'the primary aggressor' and allegedly killed O'Neal as he attempted to leave after the pair got into a physical fight in the parking lot of the fast food joint, the document states.
DeLustro replied with a homophobic slur: 'Come on you f--king f--t,' according to the witness. The men then began a fistfight as bystanders tried to separate them.
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