PENNSYLVANIA STATE POLICE Bureau of Training and Education 475 East Hersheypark Drive Hershey, Pennsylvania 17033 Tel: (717) 533-9111 Fax: (717) 5331201 dune 3, 2015 Tom Kearney York County District Attorney 45 North George Street York, Pennsylvania 17401 Dear Mr. Kearney: In response to your request | have reviewed and formed an opinion ‘concerning the appropriateness of the force utilized upon Mr. Joseph Vincent Penderghest Ill by Pennsylvania State Police Troopers William Colvin and Thomas Wright Jr. | am currently assigned as an instructor within the Pennsylvania State Police, Bureau of Training and Education. In this role, | regularly provide defensive tactics and application of force training to state and municipal law enforcement officers. | have also served as a consultant to several agencies in regards to claims of excessive force by law enforcement officers. A complete list of qualifications/certifications can be found in my attached resume. My opinion in this case is based upon an examination of Homicide Investigation Action Report HO7-2318306 and related attachments. These materials include an MVR file (dated August 9, 2014) depicting events associated with this incident. Incident Summary: * On August 9, 2014, Troopers Colvin and Wright were dispatched to 6866 Reynolds Mill Road, York County, Pennsylvania, to investigate a motor vehicle collision ‘© Upon arrival, the Troopers observed Mr. Penderghest actively cutting his wrists with a knife while seated within his vehicle. ‘* During the initial stages of the incident; Mr. Penderghest retained the above knife, made incremental movements towards the open passenger side door of the vehicle, and uttered numerous statements suggesting suicidal intent An Internationally Accredited Law Enforcement AgencyThe Troopers applied several different manners of less-lethal force in an apparent attempt to control Mr. Penderghest and separate him from the knife. These measures included the use of repeated verbal commands, a single OC deployment, and several TASER deployments Mr. Penderghest responded to all of the aforementioned less-lethal force options with continued non-compliance and resistant behavior. Mr. Penderghest then exited his vehicle and aggressed towards the Troopers while brandishing a knife, Troopers Colvin and Wright fired several rounds from their department issued pistols at Mr. Penderghest and were temporarily successful in halting his forward progression Mr. Penderghest lay on the ground for several seconds. He then quickly rose to his knees and continued his aggressive movement towards the Troopers while holding a knife in his right hand, Troopers Colvin and Wright fired several more rounds from their department issued pistols and were subsequently able to stop Mr. Penderghest's violent behavior, A review of the case facts clearly demonstrates that Mr. Penderghest posed a significant and immediate danger to himself and others prior the Troopers implementation of less-lethal control tactics. The facts also show that Mr. Penderghest posed an immediate threat of death and/or serious bodily injury to the Troopers prior to their use of deadly force. Itis my opinion, to a reasonable degree of certainty, that all manners of force employed by Troopers Colvin and Wright were reasonable and appropriate based upon the totality of circumstances confronting them at the time of their application. Respectfully, REL fer Corporal Kevin E. Selverian Pennsylvania State Police Bureau of Training and Education 2047-B Bridge Road, Schwenksville, PA 19473Corporal Kevin E. Selverian Pennsylvania State Police Bureau of Training and Education 2047-B Bridge Rd., Schwenksville, PA 19473 Personal Education ‘09/1988 — 05/1992 11/1994 04/1995 Professional Wor Assignments 04/1995 ~ 08/1998 ‘08/1998 ~ 10/2003 10/2003 ~ 04/2005, 04/2005 — Present Telephone: (610) 584-8633 Moravian College Bethlehem, Pennsylvania Bachelor of Arts Degree / Criminal Justice Pennsylvania State Police PSP Cadet Training Pennsylvania State Police Academy 175 Bast Hersheypark Drive, Hershey, PA 17033 Pennsylvania State Potice ‘Troop M Bethlehem Patrol Section 2930 Airport Road, Bethlehem, PA 18017 Pennsylvania State Police ‘Troop M Bethlehem Criminal Investigation Section 2930 Aiport Road, Bethlehem, PA 18017 Pennsylvania State Police Bureau of Training and Education Basie Training Section Pennsylvania State Police Academy 195 East Hersheypatk Drive, Hershey, PA 17033 Pennsylvania State Potice Bureau of Training and Education Advanced Regional Training Section Southeast Regional Training Center 2047-8 Bridge Road, Schwenksville, PA 19473Professional Work Experience Patrol Experience: During my assignment in the Patrol Section at Troop M Bethlehem I served as a fist responder and conducted proactive patrol activities. This ineluded my response to over one thousand calls for service. I was responsible for the investigation of incidents such as traffic accidents, assaults, public, disturbances, thefts, property crimes, missing persons, and drug related offenses. Ieffectuated h arrests associated with unlawful activities, My assignment also included traffic and DUL enfore responsibilities. ‘Criminal tnvestigation Experience: While assigned tothe Criminal Investigation Seetion at Troop M Bethlchem | investigated hundreds of significant criminal incidents, ‘These included the investigation of incidents such as criminal homicides, physical assaults, sexual assaults, child abuse cases, kidnappings, ‘officer involved shootings, thefls, property crimes, drug offenses, and fraud related eases. Ieffectuated ‘numerous arrests for misdemeanor and felony grade offenses. The responsibilities ofthis position required ‘practical understanding of eriminal law and procedure, as well as, competent application of recognized investigative measures. Instructor Experiences I have served in two positions during my assignment to the Pennsylvania State Police Bureau of Training and Education, Ihave held the position of Physical Education Instructor within the Basic Training Section at the Pennsylvania State Police Academy and currently serve as an In-Service Instructor atthe Pennsylvania State Police Southeast Regional Training Center uring my assignment tothe Basic Training Section I trained hundreds of Pennsylvania State Police Cadets. Topies of instruction included physical conditioning, defensive tactics, CPR / first aid, and the appropriate application of force. The defensive tactes taught addressed areas such as hands-on control techniques, proper handcuff restraint procedures, ASP baton deployinent, vehicle removal techniques, ‘weapon retention / disarming, and edged weapon defense. Since being assigned to the Advanced Regional Training Section { have tated thousands of municipal, state, and federal law enforcement officers regarding a wide aray of topics. | also continue to provide instruction to PSP Cadets in both classroom and tactical settings. The focus of much ofthe aforementioned ‘raining surrounds the teaching of defensive tactics, appropriate application of force, criminal investigation techniques, and instructor development. The following is a non-inclusive list of topies regularly taught: Axrest and Control Techniques Lawful Application of Force Ground Defense Basic Criminal Investigation Firearms Instruction Interview and Interrogation Response to Active Shooter Laws of Arrest ‘TASER Certification Search and Seizure Practices Handeuff Techniques Vehicle Stop Tactics ASP Baton Deployment Hostage Officer Survival OC Deployment Instructor Development “My duties within the Bureau of Training and Education have allowed me to make contributions to the development of several department training programs. I have had the opportunity to author lesson plans, ‘consult during the formation of department polie, and contvibute to an interdepartment use of farce publication Example lesson plans authored include: westigatory Detention (Lawful Police Vehicle Search and Seizure /2011, 2014 Offices Involved Shootings / Serious Police Incidents / 2014 Mere Encounter (Lawful Police Citizen Interaction) /2015 izen Interaction) / 2009Example articles su nitted for inter-department publication include: ‘The Castle Doctrine: A Law Enforcement Guide in Use of Force Investigations / 2013 Interview of the Involved Officer /2014 Special Detail Exp jee: Throughout my career I have bes of my regularly assigned duties, These included participati attached to various details outside the scope in fugitive apprehension details, ageressive palrol assignments, security forces, and wiretap / surveillance details | have also performed protection utes for visiting dignitaries to the Commonwealth of Pennsylvania, Professional Certifications Contificat PSP Firearms Instructor MSA Millennium Gas Mask Instructor PSP Fist Aid / CPR Instructor PSP General Instructor ASP Baton Instructor PSP Application of Foree Instructor PSP Physical Conditioning Instructor MPOETC General Instructor (Certification number 2274) MPOETC Firearms Instructor (Centifieation number —2274) MPOETC Application of Foree Instructor (Centitication number —2274) MPOETC Physical Conditioning Instructor (Centitication number —2274) Professional Simulation Instructor Fitness Coordinator M26 & X26 TASER Instructor Sponsoring Agency / Organization PA State Police PA State Police PA State Police / American Red Cross PA State Police PA State Police PA State Police PA State Police ‘Municipal Potice Officers’ Education and ‘Training Commission Municipal Police Officers’ Education and Training Commission Municipal Police Officers’ Education and ‘Training Commission Municipal Police Officers’ Education and ‘Training Commission Advance Interactive Systems (PRISim) Fit Force ‘TASER InternationalCattifieation Law Enforcement Response to an Active Shooter Instructor Low Light Engagements In ctor ‘Simunition Scenario Instructor SABRE OC Instructor Force Science Analyst ASP Tactical Baton Instructor ASP Tactical Handcuff Instructor ASP Performance Light Instructor Professional Training Course Title MIST Training / Legal Updates Interview & Interrogation Firearms Instructor Course MIST Training Inter County Detective School Fast Start Training Financial Investigations Practical Skills Training Criminal Profiling nstructor: Roy Hazelwood) Basie Dignitary Protection MSA Millennium Gas ‘Mask Instructors Course First Aid / CPR Instructor ‘Training ‘Sponsoring Agency / Organization Strntegos International Strategos International Simunition SABRE/ PA State Police Force Science Institute ASP Incorporated ASP Incorporated ASP Incorporated ‘Sponsoring Ageney / Organization PA Slate Police PA State Police PA State Potice PA State Police Federal Bureau of Investigation PA State Police National White Collar Crime Center ‘Training and Research Institute PA State Police PA State Police PSP/ BESO PA State Police / American Red Cross. Date 029091996 rions96 oaiong97 ospanse7 03/26/1999 o7/i5/1999 1029/1999 01/26/2000 04/21/2000 06/25/2003 01/2972004Course Title Instructor Development Street Survival Seminar ASP Baton Instructor Course Use of Force Documentation and Report Writing Application of Force and Physical Conditioning Instructor Trai NIMS IS-00700 Training Use of Force Seminar Developing Test Questions for Law Enforcement Communication Analysis Recognizing Deception ‘Terrorist Indicators and the Investigator Prevention & Deterrence of Of Terrorist Acts by Law Enforcement Awareness Level Train the Trainer Professional Simulation Instructor Training Course Expert Testimony. 2007 National Summit on the Use of Force Winning Extreme Encounters from Street to Court Legal Updates for Police Officers tostructor: Stanley Cohen) Glock Transition Training Fitness Coordinator Sponsoring Agency / Organization PA State Police Calibre Press PA State Police PA State Police PA State Police FEMA Public Agency Training Council North Carolina Justice Academy Allentown Police Academy ‘National Tectical Officers Association LSU/ US. Departinent of Homeland Security Advance Interactive Systems (PRISim) Northeast Counterdrug Training Center ‘The Performance Institute Force Science Research Center Police Law Services / The PA Police Critninal Law Bulletin PA State Police Fit Force Date 762004 09/22/2004 ‘01/06/2005 ‘09/08/2005 0172712006 03/29/2006 05/12/2006 07/25/2006 11/02/2006 12/05/2006 12/08/2006 02/02/2007 0223/2007 05/01/2007 05/04/2007 05/11/2007 05/25/2007 09/13/2007& TASER X26 Instructor Certification Cateer Development Basic Dignitary Protection Law Enforcement Response to an Active Shooter / Instructor Course ‘Strategies of Low Light Engagements / Instructor Course Certification Course Pursuit Policy Train the ‘Trainer Course Instructor Development Basie Training, Foundations: Powerful Leadership & Character Use of Force Symposium (Instructor: Clifford Jobe) Search and Seizure Bulletproof Mind Seminar (LtCol Dave Grossman) MACTAC Officer Basie Course MACTAC Squad Leader Course ‘A Guide for Objectively Reasonable Response and Survival TASER / Use of Force, Risk Management and Legal Strategies Seminar Sponsoring Agency / Organization TASER International ‘Abington Twp. Publie Safety Training Program PA State Police Strategos Intemational Strategos International ‘Simunition National Highvay Traffic Safety Administration Allentown Poli ‘Academy Poiotnnan Leadership Institute PA State Police ‘Chester County District Attorney's Office Southwvest Ti ing Center Los Angeles Police Department Los Angeles Police Department Patriot Training and Consulting (Camegie Mellon University) TASER International (PSP Academy) Date 1210712007 02/06/2008 05/30/2008 0627/2008 09/19/2008 11/20/2008 06/10/2009 06/26/2009 07/21/2009 04/08/2010 06/16/2010 2/18/2011 03/13/2012 3/14/2012 05/23/2012 osri22012Course Title Developing the Combative Mindset (instructor: Dave Spaulding) SABRE OC Instructor ‘Course for LEO Force Science Analyst Certification Course Officer Involved Shooting Course ASP Tactical Baton Instructor Ceitification Course ASP Tactical Handeuff Instructor Certification Course ASP Performance Light Instruetor Cestification Course Criminal Behavior Assessment Sponsoring Agency / Organization Abington Twp. Public Safety Center SABER /PA State Police Force Science Institute / DHS (Alexandria, VA) Public Agency Training Couneit (Bel Ait, MD) ASP Incorporated ASP Incorporated ASP Incorporated PA State Police Date 05/22/2013 08/30/2013 09/2012013 10/24/2013, 02/17/2015 o2/ign2015 o2/i9n015 05/13/2015