A schoolteacher whose arrest outside a community meeting in Homewood sparked community protests won't be charged after all, the Allegheny County district attorney said Tuesday, but two groups are reviewing the police officer's conduct.

Dennis Henderson, 38, of the North Side was due in court on Wednesday for a preliminary hearing on charges of disorderly conduct, resisting arrest and blocking a public passage after Pittsburgh police Officer Jonathan Gromek arrested him shortly before 8 p.m. on June 26 outside the Community Empowerment Association on Kelly Street. The incident touched off community protests over the officer's handling of the situation.

“I have reviewed the circumstances surrounding the matter to this point. It's clear that the encounter with police resulted in part from two individuals (Henderson and a freelance photographer) exercising their constitutional rights,” DA Stephen A. Zappala Jr. said.

Deputy Chief Paul Donaldson said, “We respect the decision of the district attorney's office not to proceed with any further action until the (Office of Municipal Investigations) investigation is completed. We, too, are awaiting the final findings of the OMI investigation.”

Gromek could not be reached for comment.

Henderson was thrilled. “That's a great call,” he said.

Henderson told the Tribune-Review that he and Rossano Stewart, a freelance photojournalist, were exchanging business cards near Henderson's sport utility vehicle when a police car sped by close to them.

Stewart said Gromek turned around, drove toward the men and asked if they had a problem with his driving. Henderson said he asked Gromek for his name and badge number.

Gromek wrote in his report that he thought Henderson was calling other people to the scene, “which would prove a safety risk for me.” He said he ordered Henderson to put his cell phone away and Henderson refused, so Gromek handcuffed both men and told them to sit on the curb. Henderson was using his phone to record video of the incident.

More than 10 police officers, including K-9 units, responded to Gromek's call for backup. When officers took Henderson to jail, about 20 people went to the police station in Highland Park to protest. Henderson's wife, Monica, posted $500 bond the following day.

The city's OMI and the Citizen Police Review Board are reviewing Gromek's conduct. Hired in 2005, Gromek has remained on active duty since the incident.

“I think the DA's office made the right call here,” said Elizabeth Pittinger, executive director of the CPRB. “There wasn't enough evidence there to warrant a prosecution.”

T. Rashad Byrdsong, chief executive officer of Community Empowerment Association, Inc., issued a statement thanking Zappala and calling for Gromek to be placed on inactive or desk duty until the OMI investigation is completed.

“We would like to thank the residents of the community for standing up for the rights of others, even when the police are involved,” Brydsong said.

Kathy Kraus, director of OMI, declined comment. That office investigates allegations of misconduct against city employees.

“We're certainly pleased the charges are being withdrawn,” said Sara Rose, a staff attorney for the American Civil Liberties Union, which is representing Henderson. “Hopefully, we can use this incident as a way to improve the relationship between the police and the community.”

Henderson has taught social studies at Manchester Academic Charter School on the North Side for more than 10 years.

Adam Brandolph is a staff writer for Trib Total Media. He can be reached at 412-391-0927 or abrandolph@tribweb.com.

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