Northampton County Office of the District Attorney Stephen G. Baratta has announced the results of an investigation regarding a Lower Saucon Police officer-involved shooting.

On March 25 at approximately 10:30 a.m., Lower Saucon Township Police Department received a 911 call related to an active warrant issued under Section 302 of the Mental Health and Procedures Act. The call indicated that the warrant was for a male actor who was located at a residence on Applebutter Road in the township and that the male was armed and expressing suicidal ideation.

Once on scene, the 911 Center informed LSTPD that another member of the actor’s family was located in the attached garage of the residence.

After the police established a perimeter, the actor then began firing numerous rounds from a rifle, striking several police vehicles. The actor also made threats to shoot the police officers on scene.

The Pennsylvania State Police Special Emergency Response Team responded and was successful in extracting the family member by use of an armored vehicle.

The actor remained barricaded in his residence for over a three-hour period. Intermittently, the actor would discharge additional rounds from inside the residence in the direction of law enforcement. It was apparent to law enforcement that the actor was utilizing different firearms, including a 30-06 hunting rifle and an AR-15 style semi-automatic rifle.

Also during this period the actor would frequently communicate by cellphone with the 911 Center and other third parties, in which the actor expressed his dislike for police, a desire to shoot police and his intention to get into the woods.

The SERT team unsuccessfully attempted to negotiate the actor’s surrender, and at 12:35 p.m., the actor exited the residence from a side door and moved through the backyard while holding the AR-15 as he approached the wooded area where police had established the rear perimeter. In response, SERT issued multiple surrender commands; he failed to comply or even recognize the commands and a member of the SERT team discharged his weapon, striking the actor. Aid was immediately rendered to the actor, but he succumbed to his injuries.

A search warrant was obtained and the entire area was processed.

The use of deadly force by police officers is governed by 18 Pa. C.S. A. § 505 entitled “Use of Force in Law Enforcement.” Pursuant to § 508, police officers are justified in using deadly force when police reasonably believe that such force is necessary to prevent death or serious bodily injury to police or to other persons. In this case, any reasonable review of the materials indicates that the actor made multiple threats to police that he would use his firearms to shoot police officers. Further, the actor discharged numerous rounds towards the police officers who had established a perimeter around the residence. Thereafter, the actor left the residence, ignored commands to lay down his rifle and to surrender, and instead continued to approach police while he possessed an AR-15-style rifle.

Fortunately, no police officers were hit by the actor’s bullets.

After a review of all pertinent investigative materials, including police reports, photographs, body worn camera video, and a drone video capturing the fatal shooting, the District Attorney concluded that the officers were justified in using deadly force during this incident. No criminal charges are appropriate and no criminal charges will be approved by this office.