Russell estate asks to see officer file

Now-deceased Bistline shot prison guard during incident

The estate of a Blair County Prison corrections officer killed in the line of duty nearly two years ago is asking a federal judge to allow it to seek information from the file of a now-deceased Altoona police officer who was involved in the death, despite a court-ordered stay on proceedings in a pending civil lawsuit.

Rhonda Russell, 47, was killed while guarding Blair County Prison inmates attending scheduled arraignments and preliminary hearings being held on Nov. 17, 2021, in Blair County Central Court in Altoona.

One of the inmates, Christopher J. Aikens, 56, is accused of grabbing Russell's firearm and holding her hostage as he attempted to escape from the Central Court holding cell.

An Altoona police officer on duty, Sgt. George E. Bistline, initially confronted Aikens and drew his sidearm, took a "few steps back," then re-engaged Aikens.

Bistline fired a shot that struck Russell, killing her.

Aikens was quickly taken into custody and is awaiting trial on multiple charges, including second-degree murder.

He is being housed in the State Correctional Institution at Huntingdon.

Bistline, 72, resigned from the Altoona Police Department after the incident and has since died.

The Russell estate has filed a civil rights complaint in the U.S. District Court in Johnstown stemming from her death, noting she was alone with several male inmates including Aikens, who, it is alleged, attempted an escape from the Blair County Prison just days prior to his scheduled appearance in Central Court.

Russell, who had no knowledge of Aikens' attempted escape, was left alone to guard Aikens and several other male inmates that day, according to the lawsuit.

Her estate has sued Blair County, the prison warden and five other prison employees, Sheriff Jim Ott and one deputy, as well as Altoona and the Bistline's estate.

The defendants in the case have all filed motions to dismiss the lawsuit, and for the past nine months those motions have been under consideration by federal District Judge Kim R. Gibson.

Gibson last January placed a stay on any further proceedings in the lawsuit pending his decision on the motions to dismiss, but on Sept. 13, Russell's estate filed a petition seeking to review officer Bistline's police department file.

Pittsburgh attorney Robert A. Bracken, on behalf of the Russell estate argues that it has been almost two years since her death and the statute of limitations is about to expire on possible legal action.

The estate wants to know if Bistline, who served as an officer for 46 years, was suffering from a medical condition or was on restricted duty at the time of the incident.

According to court rules, Bracken indicated, the granting of limited discovery is proper despite the stay -- if the information sought is "time-sensitive."

Bracken also argues that limited depositions may be granted during a court-ordered stay because "memories fade."

Altoona, represented by attorney Bernard Matthews Jr. of Greensburg on Sept. 19 objected to the request based on several factors: the request by the Russell estate improperly cited a legal precedent justifying the granting of an exception to the stay order and asserted the information being requested is not "time sensitive."

The estate is seeking an opportunity to simply add more claims against Altoona and Altoona-employee defendants "to this already complex lawsuit," according to the city's answer.

It charges the estate hopes to file an amended complaint "to nullify the three pending motions to dismiss that the court has carefully considered for the past nine-plus months."

The plaintiff, Altoona charges, fails to meet the criteria that would allow an exception to the stay order.

Gibson has been considering the dismissal requests filed on behalf of the prison, the Sheriff and the city, since Jan. 19, according to federal court records.

Meanwhile, Aikens' criminal trial stemming from Rusell's death is to begin later this fall.