No charges for South Whitehall Township officers
CONTRIBUTED ARTICLE
District Attorney Gavin P. Holihan announced July 31 the conclusion of the investigation in a May 11 death that occurred in South Whitehall Township.
Timothy Vanbilliard, 45, of Emmaus, died after an incident which occurred that day at the Weis Market, 1500 N. Cedar Crest Blvd.
According to Holihan in a press release, South Whitehall Township Police were called to the Weis Market after Vanbilliard began acting erratically inside the store.
The release notes Vanbilliard appeared agitated, belligerent, uncooperative and paranoid. He voiced his belief the officers who responded were not “real police,” but were sent to kill him.
Over the course of several minutes, the officers attempted to de-escalate Vanbilliard.
Vanbilliard became more excited and uncooperative, according to the release.
His speech appeared increasingly disjoined and untethered to reality.
Holihan said Vanbilliard began to destroy items in the store and threw a wine bottle at officers.
Officers then tased Vanbilliard, who continued to physically resist the officers’ efforts to control him.
Ultimately, Vanbilliard was handcuffed, after which he lost consciousness.
Officers and EMS provided medical care and Vanbilliard was taken to a local hospital where he was subsequently pronounced dead.
Following an autopsy and toxicology testing, the cause of death was determined to be acute methamphetamine toxicity and hypertensive and atherosclerotic cardiovascular disease in the setting of law enforcement subdual and restraint.
Holihan said in the press release, Daniel Buglio, the Lehigh County Coroner, has ruled the manner of death an accident.
Toxicology testing showed a significant level of illicit controlled substances in Vanbilliard’s system at the time of his death, including methamphetamine.
He also suffered from substantial ongoing health issues that contributed to his death.
Holihan said his office has reviewed the use of force applied by officers from South Whitehall Township Police Department.
This review included a detailed evaluation of all relevant video of the incident including video from body-worn cameras.
The Lehigh County Homicide Task Force has conducted an investigation independent of South Whitehall Township Police and all of the investigatory materials have been reviewed.
“I find that the use of force applied to Vanbilliard by the South Whitehall Township Police Officers was justified and appropriate. The level of force applied was not deadly force and was intended to protect the public, the officers and Vanbilliard himself,” Holihan said.
According to the press release, Vanbilliard’s death was not caused by the use of the Taser nor was it caused by the force used by the officers.
“It is clear that the officers involved acted appropriately in their efforts to reason with Vanbilliard and de-escalate the situation. The use of less than lethal force was made necessary by the actions of Vanbilliard,” Holihan said.
Holihan said his office has concluded all force used in this incident was appropriate and therefore justified under Pennsylvania law.
No criminal charges will be filed against any officer involved.
“Because I have concluded there is no wrongful conduct by the officers, I will not release their names publicly,” Holihan stated. “At this point, I consider the investigation completed.”