Malvern: DA Rules Officer-Involved Fatal Justified

MALVERN —Chester County District Attorney Deb Ryan ruled Thursday that the May 19 fatal shooting of a female resident in the townhouse development in the 800 block of Charleston Greene was justified.

The investigation disclosed that woman pointed a loaded 9mm handgun at police officers responding to a call that the woman was suicidal.

The woman, who was not identifed, had her finger on the trigger, waving the gun around at police, the investigation disclosed.

The woman stood up and aimed the gun at the police, according to the district attorney's report.

From approximately five feet away, an officer, who was not identified, shot the woman three times.

Life-saving measures were immediately administered by police, but the woman died shortly after.

The entire incident lasted 57 seconds, the investigation disclosed.

Police recovered the woman’s black Glock 19, 9mm handgun, and found a round in the chamber.

Investigators later found a picture of the woman holding a black handgun on her Twitter account with a caption that read, “Do not think I am not prepared.”

The ruling followed an independent investigation of the shooting by the Chester County detectives, as required by law for all officer-involved shootings.

Detectives interviewed police officers, witnesses, body camera footage and other evidence.

Pennsylvania law

According to Pennsylvania law, an officer is “justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person.”

The district attorney ruled that it was apparent that the woman proceeded to take actions that placed all officers in imminent danger of death or serious bodily injury.

“By waving her firearm with her finger on the trigger while struggling over the gun, she jeopardized the lives of all present,” the ruling stated.

“The subject created a situation where the police officer had a reasonable belief that his life, and the lives of others, were in danger of serious bodily injury or death, thereby justifying the use of deadly force.”

According to the Chester County District Attorney’s office:

At 11:11 a.m on May 19, a 9-1-1 caller reported a female subject was having a mental health crisis and had written a “goodbye” message.

When the 9-1-1 caller informed the woman that police were notified to conduct a safety check, she responded, “No, they will not. Go on Twitter.”

Police were immediately dispatched to the 800 block of Charleston Greene.

All officers were wearing standard-issued police uniforms. The incident was recorded on their body cams.

When the officers announced their presence, the woman began to scream agitatedly and demanded to know why they were bothering her.

She then opened her front door, and it was immediately apparent that she had a firearm in her right hand and a cell phone in her left hand.

She walked toward the police and yelled that she was in a “crisis situation” and “get on Twitter now.”

She also indicated that the entire incident was being recorded “live on the Internet” as she held up her phone.

Concerned for their safety, the officers took cover, drew their firearms, and called for backup.

They repeatedly commanded her to drop her firearm, but she refused. She screamed that she had a right to own a gun.

She held the firearm over her head and waved it around at certain points.

She told police that if they dropped their guns, she would drop hers, or else she “would be scared for her life like you are.”

One officer calmly engaged with the woman to successfully de-escalate the situation, and she eventually dropped the gun inside the front entrance of her residence.

The officer thanked her. All police officers holstered their weapons.

The woman began to walk toward the police officer outside with only her cellphone in her hand.

Believing that the situation had been diffused, the officer slowly began to walk toward her as he spoke.

She then ran back into the house and grabbed the gun. Police feared she would endanger herself, them, someone in the home, or surrounding neighbors.

One officer pursued her into the house to gain control of the gun, and a struggle ensued before an officer shot the woman.