The estate of a deceased Altoona police officer who fired the shot that killed Corrections Officer Rhonda Russell has asked a federal court judge to dismiss a civil lawsuit that has been pending for more than three years.

Russell, 47, was the sole officer guarding five inmates from the Blair County Prison who, on Nov. 17, 2021, were awaiting preliminary hearings in Blair Central Court.

One of the inmates that day, Christopher J. Aikens, 58, a career criminal, was facing multiple charges that day, and according to authorities, he was desperate to escape.

Aikens, who had already spent 20 years of his life behind bars, had been arrested the prior week and, if convicted on his new charges, faced a sentence that would more than likely keep him behind bars the rest of his life.

During the week between his arrest and his scheduled preliminary hearing, he had made at least two attempts to escape from the Blair County Prison by digging bricks out of his cell walls.

This desperation, however, was not widely known, and, according to a federal lawsuit filed by the Russell estate, she was not informed of Aikens’ escape attempts.

Aikens stated he needed to use the restroom in the Central Court cellblock.

With one hand released from his cuffs, he was able to snatch Russell’s firearm and hold her hostage.

Altoona Police Sgt. George E. Bistline, 73, a veteran of 40-plus years of service, was at Central Court as a liaison officer helping to set up various hearings.

Upon being informed of a scuffle in the cellblock, he proceeded to investigate and was suddenly confronted by Aikens, who “had Officer Russell in front of him, like a human shield,” according to a lawsuit filed by the Russell estate.

What happened next is a matter of controversy.

Bistline pulled his service weapon and fired a shot that struck and killed Russell.

Her estate on Aug. 30, 2022, filed a federal civil rights complaint against prison personnel who failed to alert Russell and another officer of Aikens’ recent escape attempts.

Also named as defendants were members of the Sheriff’s Department who left Russell as the lone guard of the inmates awaiting their hearings.

Other defendants included Bistline and the City of Altoona.

In the months following the incident, Bistline died, but his estate and the City of Altoona remain as defendants.

U.S. District Judge Stephanie L. Haines last month dismissed the civil charges against the prison personnel and Sheriff’s deputies.

However, based on recommendation by Magistrate Judge Maureen Kelly, the civil charges stemming from the confrontation between Bistline and Aikens require greater scrutiny.

A question, for instance, is whether the police officer is protected by immunity from civil lawsuit?

Also, what are facts that surrounded the confrontation, and was the officer justified in attempting to use deadly force to protect himself and Russell, who was being held hostage?

The Russell estate contends that Bistline responded and went down an empty hallway before pushing open the cell door, where he was confronted by Aikens.

Aikens did not shoot and instead told Bistline to “back off.”

According to the Russell lawsuit, Bistline retreated out of sight.

The lawsuit charges that Bistline at that point “had time to deliberate,” that he did not have to make a split-second decision and that Aikens was no longer pointing the gun at him.

The lawsuit charges that Aikens had no place to escape to.

It criticizes the officer for not attempting to negotiate or to warn Aikens that deadly force would be used against him.

Instead, the officer pulled his gun, walked back to the cell door and fired one shot.

Aikens, in the aftermath of the incident, claims he had lowered and dropped his firearm prior to Bistline firing the shot.

Aikens also stated after the shooting that he was only trying to lock Russell in a cell so he could escape and that he took her gun so she wouldn’t shoot him.

The lawsuit was critical of the officer for not calling for backup, seeking a SWAT team or calling for a hostage negotiator.

On March 10, the Bistline estate filed its answer to the Russell lawsuit.

Pittsburgh attorneys Bernard P. Matthews Jr. and Charles J. Dangelo, representing the estate, in their answer, depicted a much more pressurized situation than was described by the Russell estate.

Bistline, when told to “back off,” did not retreat down the hallway, but instead, after removing himself from Aikens’ line of sight, he pulled his gun from his holster and walked toward the doorway and fired.

“It is denied that Aikens had lowered and dropped his gun,” according to the Bistline defense.

Also, the defense contended:

– The officer did not have time to deliberate.

– He had to make a split-decision.

– Aikens was still pointing the gun at him.

The defense agreed that, in that spur of the moment with the gun pointed at him, the sergeant did not call for backup or attempt to negotiate with Aikens.

The defense also admitted that “Sgt. Bistline did not accidentally pull the trigger.”

The defense stated, “It is denied that Sgt. Bistline knew with substantial certainty that his conscience-shocking conduct was substantially likely to injure Officer Russell and bring about the harm that resulted.”

And to the charge that it was obvious that Russell was likely to be injured, the defense stated, “It is denied that by firing his weapon … it was obvious Russell was likely to be injured.”

The Bistline defense, in emphasizing its affirmative defenses, stated, “Sergeant Bistline, after observing Aikens point a gun at him, made a quick decision to use force to rescue Russell and save himself.

“Sergeant Bistline’s decision to use deadly force under such circumstances does not shock the conscience.”

His use of force “comported with the Fourth Amendment and Fourteenth Amendment standards as deadly force was applied in response to Christopher Aikens threatening to kill Rhonda Russell,” the defense concluded.

It also emphasized that Bistline is entitled to qualified immunity.

Haines has sent the case back to Kelly for further review.

The next status conference concerning the case is scheduled for April 29.

Meanwhile, Aikens is serving a life sentence on a charge of second-degree murder.