The fact that the police supervisor walked away from the suspect although the situation was obviously not totally under control will likely be a troublesome fact for a jury as well.
Quakertown, PA (PRWEB) August 01, 2012
The Lehigh Valley News reports the decision of the Bucks County District Attorney to decline filing criminal charges against a Quakertown police officer in a fatal police shooting. Perkasie's police chief, after awaiting this decision, has decided to continue the internal investigation. Pennsylvania personal injury attorney, John McMahon of McMahon, McMahon and Lentz believes this decision will not preclude possible civil liability.
According to the investigation of the District Attorney, the twenty- six year old suspect in custody was violently resisting arrest, but was then subdued and handcuffed behind his back. However, the police supervisor on the scene walked away and the arrestee again became extremely belligerent, kicking at the officers. One of the officers then fired one fatal shot into the chest of the suspect who reportedly had not been taking his medication.
Attorney John I. McMahon, Jr., from Norristown Pennsylvania believes that a civil claim may be successfully brought in Federal Court based on well-defined standards regarding the use of deadly force by police officers which were likely violated in the Bucks County case. "A jury may have difficulty accepting the officer's claim that he shot the handcuffed suspect in the chest, because he reasonably believed that the suspect may grab the officer's own weapon from his holster and shot him." McMahon further elaborated stating that "the fact that the police supervisor walked away from the suspect although the situation was obviously not totally under control will likely be a troublesome fact for a jury as well."
About John I. McMahon Jr.:
John I. McMahon, Jr. is a veteran trial lawyer who has been representing victims of negligence in wrongful death and serious personal injury claims in the greater Philadelphia metropolitan area for over twenty five years. Contact us at 1.800.859.6262