Montco man on trial for shooting cop with his own gun denies pulling the trigger

A Pottstown man accused of shooting a borough police officer with his own gun, leaving him with a life-altering injury, denied pulling the trigger during his trial on attempted murder and related charges.

William Ciccoli Jr., 42, testified Tuesday that he had no intention of killing, shooting, or even harming Cpl. Anthony Fischer during a scuffle at Ciccoli’s apartment in November.

Montgomery County District Attorney Kevin Steele, who is prosecuting the case, presented evidence this week that Ciccoli grabbed Fischer’s gun inside its holster and pulled the trigger as the two men fought.

Fischer and his partner were attempting to take Ciccoli into custody after his ex-girlfriend said he had strangled and beaten her during an argument in the apartment they still shared.

The gun, a .40 caliber Smith & Wesson, went off once, striking Fischer in his right leg and nicking his femoral artery.

But under questioning from his attorney, Frank Genovese, Ciccoli said he never put his hand on Fischer’s weapon.

“It must’ve been another hand, because it wasn’t mine,” Ciccoli said. “I didn’t shoot him.”

Ciccoli said he was trying to flee from the officers at the time of the shooting, fearful that they believed his ex-girlfriend’s assertions that he had attacked her, which he said were completely untrue.

“I knew they were believing her,” Ciccoli said. “I didn’t want to go to jail for something she said I did, so I tried to turn and run.”

Steele scoffed at Ciccoli’s explanation, saying footage from the officers’ body-worn cameras clearly showed him grabbing the gun.

Fischer and another officer, John Schmalbach, had been called to Ciccoli’s apartment twice that day for reports of a domestic dispute.

Both times the calls were made by Ciccoli, who said that he and his ex-girlfriend had gotten into a heated argument and that he feared it would soon turn physical. He testified Tuesday that he wanted only to have her removed from his apartment.

The woman told police that Ciccoli had instigated the argument.

Schmalbach testified Tuesday that the couple agreed to stay away from each other and that he had planned to issue Ciccoli a citation for harassment.

However, hours later, Schmalbach and Fischer were called to the apartment again, this time for reports of a fight. The two residents offered conflicting stories: Ciccoli said his ex-girlfriend had scratched him, and the woman said he had dragged her through the apartment, slammed her into a kitchen cabinet and strangled her on the bed.

Schmalbach said in court that physical evidence at the scene, including visible injuries to the woman’s face and neck, corroborated her story.

In testimony Tuesday, Ciccoli said his ex-girlfriend had given herself those injuries and concocted a story to have the police arrest him.

As Schmalbach attempted to detain Ciccoli for assaulting the woman, he said Ciccoli began fighting back. Video played in court showed Ciccoli wrestling with Fischer while Schmalbach tried to use his Taser on him.

During the scuffle, Fischer is heard on the video saying, “He’s going for my gun.” Not long after, a gunshot is heard, almost simultaneously as Schmalbach hits Ciccoli with the Taser.

Had Fischer not applied a tourniquet to the wound on his leg, prosecutors said, he would have bled to death.

After the shooting, Ciccoli is heard on the video apologizing and asking what happened.

Montgomery County Detective Dan Cha, a firearms expert, testified Tuesday that a flashlight mounted onto the gun created enough space in the holster for someone to reach a hand in and fire it.

Cha said that the gun was not damaged and that 5½ pounds of pressure needed to be applied to fire it — therefore, the gun was shot deliberately on the day Fischer was injured.

In emotional testimony, Fischer said he still faces complications from the leg wound and fears that his career in law enforcement is over.

“If I stand too long, I get cramps. If I walk too long, I get cramps. If I sit too long, I get cramps,” he said.

“Maybe my muscle memory will work, and I’ll just get up one day.”

Jury instructions are expected Wednesday morning.