COMMONWEALTH OF PENNSYLVANIA

COUNTY OF YORK
YORK COUNTY
JUDICIAL CENTER
45 NORTH GEORGE ST.
YORK, PA. 17401
(717) 771-9600 Office
(717) 771-9738 Fax

Tom Kearney
DISTRICT ATTORNEY

MEMORANDUM
TO:

Trooper Krystal L Dugan

Pennsylvania State Police
Troop H- York Barracks
KRDugan@PA.gov

Cc:

Cpl. Barry Ritchey

Pennsylvania State Police
Troop H- Harrisburg
BARitchey@PA.gov
Lieutenant Nicole Palmer
Pennsylvania State Police
Troop H- York Barracks, Commanding
NPalmer@PA.gov
Chief Wesley Kahley
York City Police
WKahley@YorkCity.org
Edward Paskey, Esquire
Fraternal Order of Police
EPaskey@YorkLaw.com
Media

FROM:

Tom Kearney
District Attorney of York County

DATE:

March 16, 2016

RE:

Death Investigation: Death of Dequan Lynn Williams

Date of incident: October 17, 2015 @ 1:50 p.m.
Location: 1066 Kelly Drive, York City, York County, PA
PSP Incident #: HO7-2430023
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I am in receipt of the Pennsylvania State Police incident report HO7-2430023

hereafter referred to as Report, concerning the above referenced matter. After reviewing
the Report along with materials including, but not limited to the investigation report of
Trooper DUGAN, interviews of eyewitnesses, neighbors, EMT personnel, police officers
and those who had contact with the deceased earlier in the day prior to the police arrival,
videos and transcription of eyewitness statements, the record of 911 communications, the
ballistics report prepared by the Pennsylvania State Police Bureau of Forensic Services,
computer downloads of the Taser discharges at the scene, the Autopsy Report and
accompanying toxicology report, training records of the involved officers, physical
evidence including items seized at the scene, scene photographs, forensic mapping of the
scene, and the deceaseds criminal history and prior police contacts, the District
Attorneys Office makes the following findings:
STATEMENT OF THE FACTS
The nature of the incident and circumstances related thereto are best set forth in
the synopsis of the Report as completed by Trooper Krystal L Dugan of the Pennsylvania
State Police which follows:
This investigation involves a police officer involved
shooting in which officers of York City Police Department
shot and killed Dequan Lynn WILLIAMS. Due to the
nature of this incident, the York County District Attorneys
Office and York City Police Department requested that the
Pennsylvania State Police respond and conduct an
investigation.
This incident began on 10/17/15 at 1335 hours when
WILLIAMSs mother, Jacqueline Michel LARRY,
contacted York County 911 Center (YCC) to report that her
son, who has schizophrenia, was combative, off of his
medications, out of control, and is probable to pull a knife
out at her Aunts house. YCC dispatched two police
officers, Officers Stephen ADERHOLD and Jeremy
MAYER, and EMS to 1066 Kelly Drive, York City, York
County, for a psychiatric/mental health call.
Officers ADERHOLD and MAYER arrived on scene at
approximately 1349 hours.
They parked their marked
patrol vehicles on Kelly Drive, facing west, on the opposite
side of the street just east of the residence. EMS staged
down the road from the residence, waiting for the scene to
be rendered safe to respond. Upon the officers arrival they
encountered WILLIAMS outside in front of the residence
pacing around. Both Officers approached WILLIAMS on
foot and each took a position on either side of the driveway
while standing on the street.
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The Officers, with their duty weapons drawn toward

WILLIAMS, repeatedly gave WILLIAMS verbal
commands to drop the knife, put his hands up, and to stay
back. WILLIAMS would move toward the Officers,
causing the Officers to back up, while holding the knife and
then retreat from the Officers. The Officers would then
move toward WILLIAMS as he backed away from them.
This back and forth occurred a few times all while the
Officers were giving WILLIAMS commands to drop the
knife and put his hands up.
At one point, Officer MAYER deployed his work issued
TASER against WILLIAMS, but it was ineffective.
WILLIAMS then threw his knife at one officer and
immediately charged the second officer. At this time, the
officers discharged their firearms, striking WILLIAMS.
Officer ADERHOLD discharged two rounds and Officer
MAYER discharged one round from their issued duty
weapons; Glock 22 .40 caliber. WILLIAMS fell to the
ground in the street and EMS was immediately summoned.
WILLIAMS was transported to York Hospital where he
was pronounced dead from his wounds.
INITIAL RESPONSE TO SCENE:
As a matter of protocol, the Pennsylvania State Police were contacted to respond and
investigate the incident by both York City Police and the York County District Attorneys
office. Trooper Krystal DUGAN was assigned as the lead investigator.
Also on scene to assist in this investigation were the following individuals: Capt. Adam
KOSHEBA, Commander, Troop H -Harrisburg; Sgt. William MCAREAVY, Troop H
Harrisburg, Criminal Investigation Unit Supervisor; Cpl. Aaron LEWIS, Troop HHarrisburg, Forensic Services Unit; Cpl. Barry RITCHEY, Troop H- York, Criminal
Investigation Unit Supervisor; Tpr. Nathan HARTLAUB, Troop H-Gettysburg, Criminal
Investigation Unit; Tpr. Jeremiah MISTICK, Troop H- Harrisburg, Criminal Investigation
Unit; Tpr. Glen KNUDSEN, Troop H- Harrisburg, Collision Analysis and Reconstruction
Specialists Unit; Tpr. Justin FEENEY, Troop H- York, Criminal Investigation Unit; and
Tpr. Edward ASBURY, Troop H- Chambersburg, Public Information Officer. Tpr.
Matthew EICHER, Troop H- York, Criminal Investigation Unit, responded directly to
York Hospital where the deceased was located.
Tpr. DUGAN arrived at the scene, 1066 Kelly Drive, York City, at approximately 2:54
pm, The incident had occurred on the driveway area of that address and the roadway in
front of the residence. A perimeter had been established utilizing yellow police tape.
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Kelly Drive had been shut down from the intersection of Community Place to the end of
the property of residence 1068 Kelly Drive.
The residence is a one story home that is split between two addresses: 1066 and 1068
Kelly Drive. The front entrance door led out to the driveway and the rear entrance door
led to a backyard. The front of the residence faces northeast.
At the time of Tpr. DUGANs arrival, there were several uniformed officers on scene;
officers from West Manchester Police Department, West York Police Department, and
York City Police Department who were insuring the scene remained undisturbed.
Trooper Michael VACCARO, Troop H-York, Patrol Unit, was also on scene and had
begun the Crime Scene Entry Log and First Responding Officer Checklist.
Tpr. DUGAN initially spoke to Sergeant Nicholas FIGGE of York City Police
Department. He relayed the following information to the Trooper: Two York City Police
Officers, Officers MAYER and ADERHOLD, and EMS responded to 1066 Kelly Drive
for a disturbance call. Sgt. FIGGE advised that the caller was the mother of Dequan
WILLIAMS, Jacqueline LARRY, and she had originally responded to the police station
in York City. LARRY dialed 911 because her son was out of control at the residence and
was not taking his medication. Sgt. FIGGE advised that EMS had staged for their safety
while the two police officers responded to the scene.
Upon the Officers arrival, they encountered a subject, identified as Dequan
WILLIAMS, outside of the residence. A Taser was deployed against WILLIAMS and the
Officers fired their duty weapons. Sgt. FIGGE pointed out to Tpr. DUGAN three shell
casings that were located in the street, Taser Anti-Felon Identification System Tags
(AFIDS), and a knife that was located on the opposite side of Kelly Drive next to the
curb, across from 1066 Kelly Drive. EMS had immediately taken WILLIAMS to the
hospital prior to any other Officers arrival at the scene.
Sgt. FIGGE related no other Officers were on scene during the shooting incident, but that
WILLIAMS mother, Jacqueline LARRY, and her boyfriend, Donald EHRHART,
witnessed the incident from their vehicle. Tpr. DUGAN was also notified of potential
witnesses who were located inside the residence of 1066 Kelly Drive at the time of the
incident; Calvin JONES, Shirley TALLEY (grandmother), and Tisha TALLEY.
Sgt. FIGGE notified Tpr DUGAN that the two police officers were escorted from the
scene and taken to the Fraternal Order of Police (FOP) office in York City. Tpr. DUGAN
also learned that the officers did not have Mobile Video Recording (MVR) equipment in
their patrol vehicles, nor does their department equip them with body cameras.
Additionally, York City Police Department Tasers are not equipped with video cameras.
Tpr. DUGAN, Capt. KOSHEBA, Sgt. MCAREAVY, Cpl. RITCHEY, surveyed the scene
and observed the following:

Three shell casings in the roadway in front of the residence; one casing was up
against the curb near the left side of the driveway; two casings were in the
roadway toward the middle of the street.
4

There was a mark on the right side of the driveway near the front entrance door
and a mark in the front cement stoop indicative of a bullet that had ricocheted off
of the driveway and into the stoop.
Two Taser cartridge doors were observed in the driveway; one was on the left side
of the driveway and the other on the right side.
Anti-Felon Identification System Tags, commonly referred to as AFIDS, were
observed near the Taser cartridge door on the left side of the driveway and on the
sidewalk.
A silver kitchen knife with a black handle was observed on the opposite side of
the street from the residence against the curb.
There were no vehicles parked in or around the driveway to the residence; there
were vehicles parked further up the street in front of other neighboring residences.
Two York City PD marked police cruisers were parked in the roadway, on the
opposite side of the street from the residence. The cruisers were not directly in
front of the residence, but rather southeast to the driveway of the residence. The
police cruisers were parked facing west.

Shortly thereafter, Tpr. DUGAN, photographed and collected the Taser AFIDS. These
were located on the sidewalk and grass area in front of the residence. This was done
promptly due to the windy weather and because the AFIDS were starting to blow away.
Six AFIDS were collected.
The remainder of the scene was photographed and evidence was collected at the scene by
Corporal Aaron LEWIS, FSU. Cpl. LEWIS relinquished custody of these items at the
scene to Tpr. DUGAN. The following items were also collected:
1.
2.
3.
4.
5.
6.

J.A. Henckels International Ever Sharp stainless knife with black handle
Taser Door #1; green in color
Taser Door #2; green in color
Federal 40 SW shell casing #1
Federal 40 SW shell casing #2
Federal 40 SW shell casing #3

All of the above items, including the AFIDS, were entered into the evidence at PSP York
Barracks.
The scene was forensically mapped by Trooper Glen KNUDSEN, CARS Unit. Based on
the measurements taken at the scene, Tpr. KNUDSEN provided a scene overview map, a
scene evidence map, and a forensic mapping data as attachments the investigative report.
.
Trooper Justin FEENEY, Troop H-York, CIU, conducted an on scene inventory and check
of the two York City Police cruisers that were driven by the two York City Police Officers
involved in this incident.

There was one item from the vehicle inventory that should be noted. In the black 2013
Dodge Charger, PA registration MG-5945G, and labeled #23, a York City Police
Department call sheet was located in a briefcase on the front passenger seat. The call
sheet reflected the following: 10/17/15, Shift A, District Center, MAYER 154, Taser -24,
Unit #23, Miles Out 45955. 5th call on the sheet: Dispatch Time: 1342 hours; Call:
Psych prob; Location: 1066 Kelly Dr. Reference the Vehicle Scene Checklist in the
PSP Checklists tab for further details.
Trooper Jeremiah MISTICK, Troop H-Harrisburg, CIU conducted interviews with the
deceaseds family inside the residence of 1066 Kelly Drive. Four individuals admitted to
being inside the residence at the time of this incident; Shirley TALLEY, Teisha
BRANCH, Calvin JONES, and Joseph NESBITT. All four individuals were sitting at a
kitchen table surrounded by family and friends.
Shirley TALLEY-in residence
Shirley TALLEY reported to be the homeowner as well as the deceaseds grandmother.
TALLEY related that morning, prior to this incident, the deceased was out of it and that
he would have episodes and then calm down. She reported that he was up and down
and he was not taking his medications. She reported that the deceased was diagnosed
with bipolar disorder and schizophrenia. TALLEY stated, When hes taking his pills he
is fine. I can tell when he aint.
TALLEY reported that her daughter, Jacqueline LARRY, was also there in her residence
in the morning just prior to this incident. TALLEY reported that LARRY was contacting
the police for the purpose of 302ing him (referring to an involuntary mental health
evaluation). TALLEY related that they have dealt with it before, referring to having the
deceased involuntarily committed. She related that when LARRY went to use her
cellphone to contact the police, the deceased responded by smacking the phone out of
her hand. TALLEY related that LARRY then left the residence with the intention of
going to the local police department.
After LARRY left the residence, TALLEY reported that the deceased was pacing
throughout the residence and was agitated. At one point, the deceased went into his
bedroom and then exited wearing new clothing to include overalls. According to
TALLEY, the deceased made the statement, Im just going to go wait for them (referring
to the police). The deceased exited the residence through the front door and that was
that last time that TALLEY saw him.
TALLEY related she was aware of the arrival of the police officers because of all the
yelling she heard outside. She related that she could not make out any specific statements
being said, but just that there was yelling. She recalled, The next thing I heard was two
shots. She related she heard what she believed to be two gunshots. TALLEY explained
that at no time did she look outside or see what was transpiring outside.
During Tpr. MISTICKs initial contact with the family, inquiries about a knife were
raised. Tpr. MISTICK exited the residence, took a photo of the knife that was located in
the street, near the curb on the opposite side of the street as 1066 Kelly Drive, re-entered
6

the residence, and showed TALLEY the picture of the knife. Upon seeing the picture of
the knife, TALLEY immediately exclaimed, Thats the knife that was in the sink! Dink
(the deceased) grabbed the knife from the sink! TALLEY explained that the knife
belonged to her and is usually kept in the cutlery block on the kitchen counter. TALLEY
stated that she used that knife earlier in the day to cut up a cucumber. She related that
after using the knife, she rinsed it off and laid it in the kitchen sink. TALLEY stated, He
must of done this. She proceeded to demonstrate how she believes the deceased was
able to take possession of the knife without her knowledge. TALLEY stood in front of
the sink. She then used her right hand to reach into the sink with her hand located behind
her back. She stated that she believes the deceased concealed the knife on his person
without her seeing. TALLEY remarked, I remember him standing by the sink facing
me.
Joseph NESBITT-in residence
NESBITT related that he is close family friends and he knew that the deceased was off of
his medications. He related that he arrived after the fight between the deceased and
LARRY. He further related that the deceased was in the kitchen and very agitated from
the fight with LARRY.
NESBITT explained that the deceased did not want to submit to a mental health
evaluation and he knew the cops were coming. After the deceased had exited the
residence through the front door, somebody inside had locked all of the doors so that the
deceased could not re-enter the residence.
NESBITT related that he was inside when he saw the police lights through the front
window. He related that he did not look outside and did not know how many police
officers responded. NESBITT explained that he heard the police officers yell put it
down at least two times. Shortly after, he heard two gunshots. He had looked out and
saw two police officers with their guns drawn.
Teisha BRANCH-in residence
BRANCH observed the deceased pacing around inside the home prior to exiting the
residence. BRANCH and JONES did not observe the incident between the deceased and
responding officers.
At the conclusion of the interviews, Tpr. MISTICK requested to see the deceaseds
medication, and a male brought him five prescription bottles containing medication from
the deceaseds bedroom. Tpr. MISTICK took an inventory of the medication at the scene
in front of the family. Of the five bottles, two in specific are notable. These two
medication bottles labeled Risperidone 2 mg is prescribed for the treatment of
schizophrenia and bipolar disorder. One bottle was last filled on 08/07/15 with an initial
quantity of 30 pills and had 7 pills remaining. The second bottle was last filled on
09/14/15 with an initial quantity of 30 pills and had 28 pills remaining.
Donald Peter FOUTS-EMS Medic
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Tpr. HARTLAUB interviewed EMS personnel at White Rose Ambulance station on

October 17. EMS medic Donald Peter FOUTS was one of two EMS personnel that
responded to the scene.
FOUTS related that he was dispatched to a Class 2, violent psychiatric patient at 1066
Kelly Drive, York, PA. He related that for these calls, they stage in a nearby area and
wait for police authorization to proceed to the scene. FOUTS related for this incident, he
staged near the intersection of Chanceford Avenue and Fahs Street.
While staged, FOUTS recalled hearing 3-4 noises that sounded like gunshots. He related
that approximately one minute later, they were given authorization to proceed to the
scene for an officer involved shooting. Upon arriving to the scene, FOUTS observed two
police officers trying to take the deceaseds clothing off as if they were trying to render
aid. FOUTS observed the deceased lying supine, head rolled to the right, and at that time
was struggling to breathe and was taking short, gasping breaths. He related he observed
two odd protrusions; one in the top center of his belly and another located on or around
the bottom of the victims left rib.
FOUTS related they loaded him on the stretcher and began transport to York Hospital.
During the transport, the deceased was still struggling to breath and did not say anything.
FOUTS observed one barb from a Taser to be located on the left flap of the victims
jacket and it did not appear as if this barb had penetrated the victim. Upon their arrival at
York Hospital, chest compressions (Cardio Pulmonary Resuscitation) was initiated as
they believed he was about to die.
Tyler SIMPSON-EMS Medic
On 10/17/15, Tpr. HARTLAUB also interviewed EMS medic Tyler SIMPSON.
SIMPSON related he was working with FOUTS when they were dispatched to a Class 2,
violent psychiatric patient at 1066 Kelly Drive, York, PA. He related they staged near
Fahs Street and while there, heard 3 loud noises.
SIMPSON related approximately 45 seconds later, they were dispatched to proceed to the
scene for an officer involved shooting. Upon their arrival, he observed two police
officers hovering over a black male in the street. He observed the male to be lying on his
back with his feet toward them and the males head to the right. He observed a black
female nearby yelling, My son, you shot him, you shot him. He observed Taser wires
to be wrapped around the males legs and observed two bulging marks on the victim; one
in the center of the belly and one under his left rib.
SIMPSON related they placed the male on the stretcher and transported to York Hospital.
During transport, he observed the male was not breathing sufficiently. He reported that
he did not see any taser barbs during transport.
NEIGHBORHOOD CANVAS
8

Tpr. DUGAN and other Troopers conducted a neighborhood canvas and resulting
interviews. This was conducted on 10/17/15 and began at approximately 4:40 pm. Four
out of the five individuals interviewed related that they had not observed the interaction
between the police officers and deceased. They indicated they heard 2-3 gunshots,
looked outside and observed police officers tending to a subject lying in the road. One of
the neighbors, Cherri BONES, related that she had witnessed the interaction between the
officers and the deceased.
Cherri BONES-neighbor
BONES residence is located across the street from 1066 Kelly Drive. BONES related
she was looking out her opened bedroom window, which faces Kelly Drive, and observed
the deceased to be standing on the sidewalk and two police officers in the street. BONES
reported that the police officers were repeatedly telling the deceased to drop the knife
and to not come any closer. She reported that the deceased did not listen to the police
officers verbal commands and came toward the officers. She reported that police shot the
individual after he came after them.
Jeffrey LEAS-neighbor and eyewitness
On 10/17/15 at 3:35 p.m., Tpr. HARTLAUB interviewed Jeffrey LEAS at his residence.
The LEAS residence is located on the corner of Community Place and Kelly Drive. The
front of his residence faces 1066 Kelly Drive. LEAS reported that he was standing in
front of his bedroom window looking outside when he noticed WILLIAMS randomly
pacing back and forth. He reported that WILLIAMS was pacing for 5-10 minutes prior
to the police arriving. LEAS observed two police cars pull up and two officers
approached WILLIAMS. The police officers were yelling, but LEAS could not hear
what exactly was being said.
LEAS reported that while yelling, The officers went into a defensive stance I guess you
would call it; Im not sure. With one hand on their holster and the other pointed up, like
to stop; like stop right there or something. Then the individual threw an object; I do not
know what it was and then (he) start(s) lunging at the police officers; like running,
walking fast; Im not sure what it was anymore, but he did go toward the officers and
then I heard like three shots ring out and then the individual went down.
LEAS related he observed one officer in the street and one officer in the grass just
outside of the driveway. He reported that the deceased was in his driveway pacing
around. LEAS observed the deceased charge at the officers and when the deceased was
shot, he was in the street where he fell to the ground.
Kevin TROUP-neighbor
At a later time, on 10/21/15, while conducting neighborhood interviews Tpr. DUGAN
spoke with Kevin TROUP of 838 Fahs Street, York, PA 17404. He related that he was
home at the time of this incident and was standing at his back door. He saw police
vehicles in the neighborhood. He related he was yelling at a female child to get down off
of the roof of the community center. He heard someone yell, with authority, to drop the
9

knife. Shortly after, he heard three gunshots and then an ambulance respond to the scene.
TROUP provided a written statement.
Karen KNUEPFER, York Hospital Patient Representative
At about 3:00 pm, on October 17, Tpr. EICHER was dispatched to the York Hospital to
collect evidence and conduct interviews. Upon his arrival he spoke to Karen
KNUEPFER, York Hospital Patient Representative, in the trauma bay. KNUEPFER
related she spoke to the deceaseds mother, Jacqueline LARRY at the hospital and the
mother may have witnessed the incident. KNUEPFER related the mother made a remark
about her son lunging at the police before being tasered and then shot.
Rebecca BLOOMFIELD, York Hospital Registered Nurse.
Tpr. EICHER also interviewed Rebecca BLOOMFIELD, York Hospital Registered
Nurse. BLOOMFIELD related that the deceased arrived at the hospital via ambulance at
1409 hours. The deceased had no pulse and CPR was in progress. BLOOMFIELD
related the deceased never regained consciousness and he did not communicate with any
hospital staff. He was pronounced dead at the hospital at approximately 2:15 pm.
Jacqueline Michelle LARRY- mother of deceased and eyewitness
On 10/17/15 at 1845 hours, Tpr. EICHER interviewed the deceaseds biological mother,
Jacqueline Michelle LARRY in a meeting room at York Hospital. Also present during the
interview were Deputy Coroner Onalee GILBERT, KNUEPFER, and LARRYs
boyfriend Donald Eugene EHRHART Jr.
LARRY reported that the deceased has a history of medical illnesses and mental health
disorders. She reported the deceased is prescribed numerous medications, but that he has
a history of not taking his medications as prescribed. LARRY related the deceased was
living at 1066 Kelly Drive, York, PA 17404 with his aunt.
LARRY related that she went to the residence to visit her son around 1300 hours on
10/17/15. She related her son seemed agitated and was obviously not taking his
medications. LARRY reported her son went crazy and hit her phone from her hand, so
she left the residence to call for an ambulance to request a mental health evaluation. She
did not want to make the phone call in front of her son and agitate him more, so she left
the residence.
LARRY reported that she left with her boyfriend EHRHART and they traveled to York
City Hall to request assistance. LARRY related the doors to York City Hall were locked
so she called 911 on her cellphone from in front of York City Hall. LARRY was
instructed by the 911 dispatcher to return to the residence and police and EMS would be
dispatched there. LARRY related she arrived back at the residence just as two uniformed
York City Police Officers arrived. LARRY reported that she observed the officers to exit
their police vehicles with their hands on their guns. She related her son put his hands in
his pockets. LARRY related she heard the uniformed officers order her son to remove his
10

hands from his pockets, but her son told the officers he would not comply until they
removed their hands from their guns.
LARRY related the uniformed officers drew their weapons, one with a Taser and the
other with a gun. She related the officers approached her son and ordered him to remove
his hands from his pockets and to get on the ground. She related her son eventually threw
the contents from his pocket on the ground and the officer with the Taser deployed the
Taser. LARRY reported her son began to spin on his feet from the Taser and the other
officer fired his gun. LARRY related she heard 3 gun shots before her son fell to the
ground.
LARRY related the officer with the gun continued to point the gun at her and her son.
She related she was yelling because she saw her son on the ground and was bleeding
from the nose. She thought he was shot in the face due to blood coming from his nose.
LARRY reported that the officer with the Taser began medically evaluating her son and
removed his shirt. She reported the ambulance arrived moments after the shooting.
LARRY related the officer who was providing medical care had yelled that her son was
hit and for the ambulance to bring their stretcher. LARRY reported they immediately
transported her son to the hospital.
LARRY reported she was briefly detained at the scene with her boyfriend until additional
York City Police Officers arrived and permitted her to go to the hospital. She reported
that her son dropped out of high school during his senior year due to medical problems.
She related her son had the mentality of a 10 to 12 year old.
Donald Eugene EHRHART Jr.-boyfriend of deceaseds mother and eyewitness
On October 17, at 7:30 pm, Tpr. EICHER interviewed LARRYs boyfriend, Donald
Eugene EHRHART Jr. in the same meeting room as LARRY. EHRHART provided
additional information to the information provided by LARRY.
He related the incident occurred in the front yard of the residence. He reported that the
only people present at the time of the incident, besides him, were the two uniformed York
City Police officers, the deceased, and LARRY.
EHRHART related he observed the deceased fail to obey the commands of the uniformed
police and he swung his arms as if he was throwing something. He related that he never
saw the deceased with a knife or weapon.
EHRHART related the deceased was approximately 4 feet from the uniformed officers
when they shot him with their taser and gun. EHRHART recalled only hearing 2 gun
shots. EHRHART related LARRY collapsed in the yard, from witnessing the shooting,
and he was helping her to her feet.
He related that he pushed police officers away from LARRY and was yelling at them for
shooting her son. EHRHART related that he took LARRY to the hospital when they were
permitted to leave the scene.
11

Johanna MOQUETE-eyewitness
On 10/27/15 and again on 10/28/15, Tpr. DUGAN spoke to eyewitness Johanna
MOQUETE. She related on the date of this incident she was coming out of her house
when she observed two police officers pulling in. She then got into the front passenger
seat of her sister-in-laws vehicle, which was double parked in the street across the street
from this incident.
She heard the police officers repeatedly telling a guy (WILLIAMS) to put his hands up
and drop the weapon. She related she saw the police officers have their guns pointed at
the male. She explained that the male was arguing with the police officers and he was
not doing what they were telling him to do. She could see that the male had moved his
hands toward the police officers, but she could not see what his hands were doing all of
the time.
She believed the male was approximately 6-7 feet away from the officers. MOQUETE
recalled the guy being in the driveway, about 2 steps from the sidewalk. She related
the two police officers were in the road.
She indicated that the guy was moving toward the police officers while moving his hands
around in the air. While the male was moving his hands in the air, she heard the officers
yelling, Drop the weapon, put your hands up! Put your hands up, put your hands up!
Drop the weapon! She saw that the deceased was arguing with the police officers, but
could not hear what he was saying. She observed the male walk toward the officers, but
then she related she turned around in the vehicle to call her husband on the phone. She
indicated that she did not see the shooting, she just heard the shots.
MOQUETE indicated that she was in the passenger seat and her sister-in-law was sitting
in the drivers seat. She related the police officers were in the street and the victim was in
the driveway at the residence. She related she heard two shots. She indicated that it
sounded like both officers had shot, but she was not sure. She believed both officers shot
because she heard shots in rapid succession.
She indicated the deceased was in the street when the officers fired at him. After the
shots were fired, her sister-in-law drove away quickly. She was not sure if a Taser or any
other instruments were used by the officers.
MOQUETE recalled seeing a woman, whom she believed to be the males mother. She
indicated that the woman was there when the police officers first arrived and was talking
to both the deceased and police officers. She indicated that the woman then left and
MOQUETE believed the woman went inside the residence. She indicated the woman
reappeared after the deceased was shot and was crying.
Marianella SANTIAGO-MASS- eyewitness
On 10/28/15 and 11/06/15, Tpr. DUGAN spoke to eyewitness Marianella SANTIAGOMASS. She related she was in the drivers seat of her minivan and had a clear view of
12

the incident. She related she did not notice the police officers presence until her children
told her that there were police officers behind them.
SANTIAGO-MASS related she observed two police officers with their guns drawn on
the street, at the edge of the driveway to the residence where this incident occurred. She
related that the guy (WILLIAMS) was in the middle of the driveway.
She related that she could hear the police officers repeatedly yelling at the male to drop
the weapon and put his hands up. SANTIAGO-MASS related she did observe a shiny
metal object in the males hand. She related he was waving his hand around with the
object and was giving the police officers attitude. She related the male would approach
the officers and they would back up telling him to stop. Then, the male would retreat
back toward the middle of the driveway and the officers would move back toward him.
The two police officers were located at each corner of the driveway, but still in the street.
She related that the back and forth happened a few times. She estimated that the male
was only 5-6 feet away from the police officers during this incident.
The man then threw the object at the police officer who was closest to him and
immediately charged the other police officer. She related at that time she heard two
shots: bang, bang. She related she was not sure if both officers shot or not, but thought
that both did because of how quick the shots were. The man had made it to the street
before being shot. She related she observed him fall to the street in a fetal type position.
She had thought the male had been tased because of the way he fell, but claimed that the
officers both had black weapons in their hands. After the shots were fired, she drove
away from the scene quickly.
On 11/06/15, Tpr DUGAN conducted a follow-up interview with SANTIAGO-MASS.
She indicated she believes she saw Taser wires on WILLIAMS while he was standing in
his driveway. She related she saw it on his clothing when he was arguing with the
officers. She indicated that the back and forth between the guy and officers occurred
more than once, but less than five times.
She related WILLIAMS threw the item specifically at the officer closest to him in an
attempt to hit him. She observed the officer hop or move to his left to avoid being hit by
the object. Immediately after WILLIAMS threw the item, he ran at the other officer.
SANTIAGO-MASS repeatedly stated that he was running and he was also turned
sideways while running toward the officer.
Both SANTIAGO-MASS and MOQUETE were recorded and provided sketches
detailing the location of the police officers and WILLIAMS during this incident.
Re-interview of Jacqueline LARRY-deceaseds mother and eyewitness
The deceaseds mother, Jacqueline LARRY and her boyfriend Donald EHRHART Jr.,
both reported to PSP York Station on 11/05/15 for a re-interview. They were
13

accompanied by their private attorney Marirose ROACH, Esq. of Roach, Leite, and
Manyin law firm. The interviews were recorded and transcribed.
LARRY related that she went with EHRHART to her Aunts house at 1066 Kelly Drive to
visit her son, the deceased, on 10/17/15 around 1230-1300 hours. Shortly after arriving,
her son, also known as Dink, left to go to the store. While he was gone from the
residence, LARRY related her cousin told her that her son was putting hands on her
boyfriend. Her cousin requested LARRY to tell Dink to stop putting his hands on him.
LARRY reported when Dink came back from the store that she told him to keep his
hands off of people. And before you know it, he just went from zero to one hundred.
She further related she grabbed a phone, told him she was 302-ing him, and he knocked
the phone out of her hand. With that, she turned to her Aunt and said, I am not even
going to call right here. Because if I call right here, hes going to really get combative.
LARRY and EHRHART left the residence and went to York City Hall, but it was locked.
LARRY related she called 911 from outside City Hall. LARRY explained she told the
dispatcher Hes combative. I dont want him to hurt nobody. Theres kids in the house.
And I dont want nobody to get hurt or him to get hurt. She also claims she tells the
dispatcher, I dont know if he has a weapon or not, but sometimes he does grab a knife. I
am not going to go and pull up right in front of that house because he already knows I
called you. Thats going to make him go off. And I dont want him to go off on my
boyfriend because he already did before.
LARRY reported that EHRHART and she waited up the road in their truck while
watching her son down the road. LARRY reported that she called her Aunt and was told
that he put his jumper (coverall) on and went outside. Her aunt also tells her that she
locked her doors.
LARRY related when she saw the police pull up that she told her boyfriend to drive down
to where her son was located. She reported that two police officers were out of the
vehicles approaching her son with their hands on their weapons. She heard the cops yell
at her son to get on the ground, get on the ground!
She related her son questioned the cops, I aint getting on no ground. Why am I getting
on the ground? I didnt do nothing. She further related the cops were yelling at her son
to get your hands out of your pockets, get your hands out of your pockets. She related
her son answered back, Get your hands off your guns. During this time, her son was
pacing back and forth.
LARRY reported that she walked up to her son and told him to just get on the ground and
that they were waiting for the ambulance. She related she spoke to the shorter officer
who was closest to her. She related this officer had a Taser and spoke to her and told her
that they were trying to help him. She related she told this officer that her son has sickle
cell (anemia) and not to Tase him. She was told to get back by the officers, so she went
to EHRHART whom was standing by his truck.

14

LARRY related her son had his hands in his pockets. He then threw his arms up and
whatever was in his pockets flew out. She claimed that her son did not throw anything at
the cops and didnt charge at them. She related the taser went off and her son stumbled
and turned. When her son turned, she related the other officer fired his gun.
She related her son stumbled and fell in the street. After her son fell, she related the
officer who shot him still had his gun out and was telling her and her family to get back
inside the house. She explained that she knew the shorter officer closest to her had fired
his taser because she saw the wires coming from it. She further explained, The taser hit
him. He didnt fall right away. He stumbled toward the street; towards them. Like as if I
am falling, but he never hit the ground. His body just spun around. Once he spun around,
his back was facing this guy. And this guy with the gun is when it went off. Thats when
he spun and he fell.
LARRY related she heard three shots in quick succession. She believes the shots came
from the taller officer, furthest from her, that had his gun out. She is not sure if the
shorter officer, closest to her, had a gun or just his taser.
After trying to speak with her after the shots, the officers then rendered aid to her son.
LARRY related that she was not allowed to leave the scene right away until other York
City Police Officers arrived and told her she could leave.
LARRY provided background information on her son. She indicated her son was
diagnosed with chronic schizophrenia. He had a caseworker through SAM (Service
Access and Management, Inc., which deals with mental health management) and the
caseworker is supposed to take him to his doctors appointments and meetings.
LARRY related her son was taken off of day medications and was only taking
medications at night. LARRY reported that currently her son was prescribed one
psychiatric medication called Risperdal. She reported that her son was not taking his
psychiatric medications as prescribed because the bottles were still full. It was possible
that he had stopped taking his medications for approximately a month or longer.
LARRY related she does not know the last time her son was at a doctors appointment.
Approximately 2 days prior to 10/17/15, LARRY related she spoke to one of his
caseworkers. LARRY related she told the caseworker that her son needed help; the
voices he was hearing were out of control, and was getting combative.
LARRY related that her son has fought the voices by swinging like he is fighting
someone. LARRY reported that her son had fought her boyfriend EHRHART because of
the voices. LARRY knew that her son had smoked marijuana, but it made the voices
worse.
She related she believes he has not smoked marijuana in a while. LARRY related her son
has been in a state hospital in Philadelphia for about 3 years. He went to that state
hospital approximately 3 or 4 times. He has also been in and out of York Hospital.
LARRY reported knowing that her son does tend to carry knives with him in his pockets.
She related he carried them because he believes people are out to get him.
15

Re-interview of Donald EHRHART Jr-boyfriend of deceaseds mother and

eyewitness
On 11/05/15 at 1055 hours, Tpr. DUGAN re-interviewed Donald Eugene EHRHART Jr
at PSP York Station after speaking with LARRY. EHRHART related he has been with
and known LARRY and her son for six going on seven years.
He related they decided to go visit her son on 10/17/15. He related that when they saw
the victim, it was clear he needed to take his medication. EHRHART could not explain
how he knew that the victim needed his medication, just that he could tell he was not
taking his medications. LARRYs Aunt told them that the victim was not taking his
medication and he was really hard to get along with.
EHRHART related LARRY confronted him about not taking his medications and he
went off in left field. EHRHART related LARRY grabbed the phone to call 911 and the
WILLIAMS smacked the phone out of her hand. And before he got any worse, I just
told her, I said, lets just leave.
EHRHART related that they left, drove around the block, and he parked while LARRY
was on the phone with 911. He claims that LARRY requested an ambulance for her son,
who is paranoid schizophrenic and not taking his medications, because she wanted to
302 him. He reported they parked up the street from the Aunts residence to wait for
police and ambulance to arrive.
He related they could see WILLIAMS outside pacing back and forth while smoking a
cigarette. EHRHART related the only thing WILLIAMS had in his hand was the
cigarette. He related they saw the police arriving to the residence, so they drove down to
the residence and parked in front. He related the police jumped out of their cars and
LARRY jumped out of their vehicle as soon as he parked.
EHRHART related both police officers got out of their vehicles with their hands on their
guns. He related, the shorter cop, he got out of the car with his hand on his gun. He
said, we are here to help you. We are waiting on the EMS, he said, but I need you to get
on the ground. He (victim) said, why do I got to get on the ground? I didnt do
nothing.
EHRHART related the officers started yelling at him to get on the ground. EHRHART
claimed WILLIAMS flicked his cigarette, put his hands in his pockets, and just stood
there. He claimed the police officers were yelling at WILLIAMS to get on the ground,
the police officers told WILLIAMS that they were there to help him and instructed him to
get on the ground.
EHRHART related LARRY walked over to WILLIAMS and told him to listen and get on
the ground, that the police were trying to help him. EHRHART related he was standing
approximately 6 feet away from WILLIAMS and officers at his truck. He relates that the
officers were in the street and WILLIAMS was located in the driveway.
16

EHRHART related after the officers gave two commands to get on the ground, they drew
their guns. He further related, They took their weapons out after they told him twice to
get on the ground. The third time was when they Tased and shot.
He recalled that both officers had black weapons drawn and he could not tell the
difference between a Taser and gun. EHRHART claims that WILLIAMS took his hands
out of his pockets and put them in the air. At that time, he was tased, he stumbled, and
then he was shot three times.
He reported that this all happened in the driveway and that is where WILLIAMS fell to
the ground. He reported that the short cop administered aid to WILLIAMS and the
ambulance came immediately and transported WILLIAMS. The short cop then came
over to them and was trying to comfort LARRY, but he said that he told him to go away.
He reported that other police officers arrived and they were not allowed to leave right
away to go to the hospital.
Officers MAYER and ADERHOLD- York City Police
Officers MAYER and ADERHOLD of York City Police Department declined to
cooperate with the Pennsylvania State Police for this investigation.
Tpr. DUGAN made contact with York City Police Chief KAHLEY and Fraternal Order of
Police (FOP) lawyer Edward PASKEY to arrange for interviews of the officers.
PASKEY informed Tpr. DUGAN of the officers declining to be interviewed.
On November 9, 2015, Inspector LOSTY of York City Police Internal Affairs confirmed
that both officers were declining to be personally interviewed by the Pennsylvania State
Police or to provide their statements to Tpr. Dugan regarding this investigation.

Evidence and Forensic Examinations

York County Control records
As part of the investigation, Tpr Dugan obtained the applicable York County Control
records to include the Computer Aided Dispatch (CAD) report, phone calls
made/received, and radio transmissions pertaining to this incident. Tpr. Dugan transcribed
the 911 phone calls and determined a timeline of events from the CAD report. Her
timeline follows:

10/17/15 at 1335 hours: Jacqueline LARRY was at York City PD and called 911
for initial call. Key statements made by LARRY about her son, the victim:
o I have a son that is schizophrenia and he is so combative
o Hes not on his medications. Hes out of control, very out of control.

17

o Hes talking about anybody come; I dont care who you call to come get
me, whoever come in here and get me, Im gonna show you what Im
gonna do to themI cant take it no more.
o Hes out of control. He just hit me.
o He is 28 years old, but he has a mind of a 3 year old.
o Honestly sir, he will pull out a knife.
o No, its no suicide, its a homicide. Hes trying to hurt us, not himself.
o I dont know half the stuff hes talking about.
o Im gonna tell you now he already jumped on my boyfriend before.
o Im here and hes outside walking back and forth acting crazy. Where are
the police? Im up here looking at him. I dont want to drive down there
and him go all crazy on my boyfriend.

1342 hours: Officers MAYER (#154) & ADERHOLD (#156) of York City PD are
dispatched to 1066 Kelly Drive to assist EMS; advised that a 28 year old adult
male is schizophrenic, off of his medications, out of control, combative, violent,
and will probably pull a knife.
1349 hours: Both officers arrive on scene and engage with the victim
1350 hours: Officer MAYER, over the radio, advises shots fired and requests
EMS to respond. EMS was staged down the road as it was called in as a mental
health call. EMS transported the victim immediately from scene.
1356 hours: Sgt. FIGGE of York City PD arrives on scene
1416 hours: York County Control contacts PSP York for assistance
1442 hours: First PSP Trooper on scene; Tpr. Michael VACCARO

Deceaseds Clothing
Tpr. EICHER obtained the deceaseds clothing at York Hospital. Of note is his shirt,
Dickies brand coveralls, and underwear were cut off by EMS or the hospital during life
saving measures.
A Taser probe was located in the Dickies coveralls, but a specific location was not
determined. The Taser probe was bundled within the coverall by York Hospital personnel
when they collected the clothing off of the deceased.
A second Taser probe was placed in a sealed container by York Hospital Personnel due to
the probe being a sharp object. It is unknown where this Taser probe was located when
hospital personnel collected it.
The Dickies coveralls had three holes within the clothing. Two holes were located on the
right side, to the rear, near the armpit/shoulder area; these were circular in shape; the third
hole was located on the back of the left leg and was an irregular shape.
The above items were photographed and entered into the evidence.

18

Taser Analysis
On 10/17/15 at 1815 hours, Tpr. FEENEY met with Inspector Craig LOSTY, of the
Internal Affairs Division for the York City Police Department. Inspector LOSTY
collected a 25 foot expended Conducted Electrical Weapon (CEW) cartridge bearing
serial number C4101YYE9.
On 10/26/15, the Tpr. DUGAN received Officer Jeremy MAYERs taser download report
from Inspector LOSTY. The taser is black in color with a little yellow trim. The report
begins on date 12/07/09 and ends on date 10/21/15. During this time span, the Taser was
time synchronized (synced) on the following dates: 12/07/09, 09/10/12, and 10/21/15.
On page 17, Seq. # 735, the Taser was utilized by pulling the trigger on 10/17/15 at
14:18:11 hours. The duration was 3 seconds, temperature reading was 20 degrees
Celsius, and the battery charge was at 94%.
On 11/04/15, Tpr. DUGAN spoke to Lt. Erik KLEYNEN, the administrator for York City
Police Departments Tasers. Lt. KLEYNEN related that currently, York City PD does not
have any regulations on how often the Tasers are synced. He related that because the
Taser had not been synced for quite some time, there is a drift in time within the Taser.
He further related that each Taser is different and each will have a different drift. Once a
Taser is synced, it will correct the time within the Taser. He related that this drift would
explain why the time stamp of when the Taser was deployed on the report would be
different than the actual time the Taser was deployed.
Firearms
Also collected by Tpr. FEENEY from Inspector LOSTY on 10/17/15 at 1815 hours, were
the following items:
Items collected from Officer ADERHOLD by Inspector LOSTY:
One Glock .40 caliber Model 22 semi-automatic pistol bearing serial number
GYG989
One Glock .40 caliber magazine from the above firearm with 13 Federal JHP
rounds (the first round charged at the top of the magazine was chambered in the
weapon when it was collected by Inspector LOSTY)
Two Glock .40 caliber magazines with 15 Federal JHP rounds per magazine
Items collected from Officer MAYER by Inspector LOSTY:
One Glock .40 caliber Model 22 semi-automatic pistol bearing serial number
GYG986
One Glock .40 caliber magazine from the above firearms with 14 Federal JHP
rounds (the first round charged at the top of the magazine was chambered in the
weapon when it was collected by Inspector LOSTY)
Two Glock .40 caliber magazines with 15 Federal JHP rounds per magazine
Ballistic Analysis
19

An E-Trace was also conducted on the firearms which were traced as belonging to the
York City Police Department. Forensic analysis of the firearms and the two bullets
recovered at the autopsy were submitted for analysis which was conducted by Trooper
Todd NEUMYER, a firearm and tool mark analyst at the Pennsylvania State Police
Laboratory in Harrisburg.
The analysis showed both weapons as functional. Trigger weights on both were 7.6
pounds and various shock and drop tests did not cause either weapon to discharge. Of the
three bullet casings found at the scene, two were identified as coming from Officer
ADERHOLDs firearm and the third from Officer MAYERs firearm. The examiner was
unable to determine which firearm fired the two bullets recovered at the autopsy as the
bullets contained insufficient characteristics and were mutilated. Both, however; were
consistent with the type of ammunition used in the officers firearms.
Firearms and training records for both officers were obtained from Lt. Roy KOHLER,
head of Training/Accreditation for York City Police Department. As of 10/27/15, Officer
MAYER passed weapons qualifications for spring and fall for the years 2014 and 2015.
Officer ADERHOLD passed weapons qualifications for all of 2014, spring of 2015, and
although the deadline had not yet occurred, had yet to complete the firearms
qualifications for Fall, 2015. No notable remarks were marked for either officer for the
above mentioned qualification records.
Autopsy
On 10/19/15 at 0800 hours, an autopsy was conducted at Lehigh Valley Hospital in
Salisbury Township, Leigh County. The autopsy was performed by Dr. Rameen
STARLING-RONEY of Health Network Laboratories under case # C-15-714. Cpl.
LEWIS, FSU and Tpr. FEENEY, Troop H, York-CIU, were in attendance. Cpl. LEWIS
photographed the deceaseds body and collected items of evidentiary value
The autopsy report reveals the cause of death to be Gunshot wounds to the torso. The
wounds were as follows:
Gunshot wound to the right shoulder:
1. Entrance: posterior aspect of right shoulder; no soot or stippling on skin
surrounding entrance wound (indeterminate range)
2. Injury: skin, soft tissues, right 3rd intercostal muscle, right lung,
pericardium, heart, diaphragm, left 7th intercostal muscle
3. Recovered: bullet from left side of chest
4. Direction: right to left, back to front and downward
5. Additional findings: bilateral hemothoraces
Gunshot wound of the chest
1. Entrance: lateral aspect of right side of chest; no soot or stippling on
surrounding skin (indeterminate range)
2. Injury: skin, soft tissues, right 7th rib and intercostal muscle, diaphragm,
liver
3. Recovered: bullet from anterior chest (near midline)
20

4. Direction: right to left, back to front with minimal up/down deviation

Toxicology (chest blood)
1. Ethanol: none detected
2. Delta-9-THC: none detected
3. 11-Hydroxy Delta-9-THC: none detected
4. Carboxy-Delta-9-THC: 13 ng/ml
Other items of note
Also reviewed were the deceaseds criminal history and prior police contacts. The
deceased has a criminal history in Pennsylvania and Georgia; two arrests in PA and two
arrests in GA. Since 2008, York City PD has had 11 prior police contacts with the
deceased.

STATEMENT OF THE LAW

To determine criminal responsibility in use of force situations, several
considerations come into play, including, but not limited to, the totality of the
circumstances of the individual case, the United States and Pennsylvania Constitutions,
the General Principles of Justification as set forth in the Pennsylvania Crimes Code,
applicable case law, and the use of force policy of the police department.
The rules governing the use of force in justificationare provided for in
Pennsylvania Law. Generally, the use of force upon or toward another person is
justifiable when the actor believes that such force is immediately necessary for the
purpose of protecting himself against the use of unlawful force by such other person on
the present occasion 18 PaCSA 505(a).
The Pennsylvania Crimes Code states that conduct which the actor believes to be
necessary to avoid a harm or evil to himself or to another is justifiable if the harm or evil
sought to be avoided by such conduct is greater than that sought to be prevented by the
law defining the offense charged 18 PaCSA 503(a)(1).
There are specific provisions that relate to the use of deadly force. As stated in
the Pa Crimes Code; the use of deadly force is not justifiable unless the actor believes
that such force is necessary to protect himself against death or serious bodily injury, nor
is it justifiable if the actor provoked the use of force against himself in the same
encounter; or the actor knows that he can avoid the necessity of using such force with
complete safety by retreating.
It should be noted, however that a public officer justified in using force in the
performance of his duties is not obliged to desist from efforts to perform such duty,
because of resistance or threatened resistance 18 PaCSA 505(b). In this context, a
21

person employing protective force may estimate the necessity thereof under the
circumstances, as he believes them to be when the force is used, without retreating.
Use of force in law enforcement to prevent suicide or the commission of a crime
is also set forth in the statute. The use of force upon or toward the person of another is
justifiable when the actor believes that such force is immediately necessary to prevent
such other person from committing suicide, inflicting serious bodily injury upon himself,
committing or consummating the commission of a crime involving or threatening bodily
injury, damage to or loss of property, or a breach of the peace 18 PaCSA 508(d)(1).
The Fourth Amendment requires peace officers to use only an amount of force
that is objectively reasonable in light of all the surrounding circumstances. Graham v
Connor, 490 U.S. 386, 397, 109 S.Ct. 1865, 104 L.Ed.2d. 443 (1989). Assessing the
level of permissible force requires a careful balancing of the nature and quality of the
intrusion on the individuals Fourth Amendment interests and the countervailing
governmental interests at stake. Id.
Courts must give due regard to the fact that officers frequently make split-second
judgments about the amount of force to use without the benefit of hindsight. Graham,
490 U.S. at 396-97. Indeed a claim of self defense cannot be defeated by showing that
the actor used more force than was necessary so long as he reasonably believed it was
immediately necessary to kill in order to protect himself against death or serious bodily
harm. See Comm v. Fisher, 491 Pa 231, 420 A.2d 427 (1980).
DISCUSSION
In the instant case, the issue is whether the deadly force that was used by the
officers was reasonable under the circumstances.
The background and conduct of the deceased, as related by his family and friends, which
lead to the 911 call and subsequent arrival of the officers, is telling as to the deceaseds
state of mind.
He had been diagnosed with chronic schizophrenia having spent much time in psychiatric
hospitals in the past. According to his mother, he had not been taking his medications for
about a month. This was confirmed by Tpr. MISTICK who took an inventory of the
medication at the scene.
According to his mother, the deceased had a history of hearing voices. Recently,
according to her, the voices were out of control and he was becoming combative. His
mother reported he fought the voices by swinging like he is fighting someone.
On the day of his death, when told by his mother to keep his hands off people, he went
from zero to one hundred. When she grabbed a phone, telling him she was 302-ing
him, he knocked the phone out of her hand. Concerned that any additional attempts
would cause him to really get combative she and her boyfriend left the house in an
attempt to get help from authorities.
22

Her subsequent calls to 911 reflects this:

o I have a son that is schizophrenia and he is so combative
o Hes not on his medications. Hes out of control, very out of control.
o Hes talking about anybody come; I dont care who you call to come get
me, whoever come in here and get me, Im gonna show you what Im
gonna do to themI cant take it no more.
o Hes out of control. He just hit me.
o He is 28 years old, but he has a mind of a 3 year old.
o Honestly sir, he will pull out a knife.
o No, its no suicide, its a homicide. Hes trying to hurt us, not himself.
o I dont know half the stuff hes talking about.
o Im gonna tell you now he already jumped on my boyfriend before.
o Im here and hes outside walking back and forth acting crazy. Where are
the police? Im up here looking at him. I dont want to drive down there
and him go all crazy on my boyfriend.
Aware that police were on the way, the deceased took a knife from the kitchen sink and
waited for them in the driveway. Family members, unaware that the knife had been
removed, nonetheless promptly locked the door to the residence for protection.
With regard to the mental state of the officers as they arrived, the following is clear. They
were advised by County Control that a 28 year old adult male who is schizophrenic, off
of his medications, out of control, combative, violent, will probably pull a knife.
While at this point individual recollections diverge somewhat, it is important to note that
according to the 911 transmissions, the entire incident lasted approximately one minute.
The 911 records reflect that 1:49 pm, both officers acknowledged their arrival at the
scene. At 1:50 pm, Officer MAYER, over the radio, advised shots fired and requests
EMS to respond.
The deceaseds mother, Jacqueline LARRY, initially told the York Hospital patient
representative that her son was first lunging at the police before being Tasered and shot.
At her initial interview with the State Police, she related that when police arrived, her son
put his hands in his pockets. The officers, who were in uniform, order her son to remove
his hands from his pockets, but her son told the officers he would not comply until they
removed their hands from their guns.
She said the officers then drew their weapons, one with a Taser and the other with a gun.
The officers approached her son and again ordered him to remove his hands from his
pockets and to get on the ground. She related her son eventually threw the contents from
his pocket on the ground and the officer with the Taser deployed the Taser. LARRY
reported her son began to spin on his feet from the Taser and the other officer fired his
gun. LARRY related she heard 3 gun shots before her son fell to the ground.

23

At her second interview, LARRY related for the first time that that she walked up to her
son as police were telling him to get on the ground and told him to comply and that they
were waiting for the ambulance. She related she spoke to the shorter officer that was
closest to her. She related this officer had a Taser and spoke to her and told her that they
were trying to help him. She related she told this officer that her son has sickle cell
(anemia) and not to Taser him. She was told to get back by the officers, so she went to be
with her boyfriend whom was standing by his truck.
LARRY related her son had his hands in his pockets. He then threw his arms up and
whatever was in his pockets flew out. She claimed that her son did not throw anything at
the cops and didnt charge at them. She related the Taser went off and her son stumbled
and turned. When her son turned, she related the other officer fired his gun. She related
her son stumbled and fell in the street.
Her boyfriend, Donald EHRHART related in his first interview he observed the deceased
fail to obey the commands of the uniformed police and swing his arms as if he was
throwing something. He related that he never saw the deceased with a knife or weapon.
EHRHART related the deceased was approximately 4 feet from the uniformed officers
when they shot him with their Taser and gun. EHRHART recalled only hearing 2 gun
shots. EHRHART related LARRY collapsed in the yard, from witnessing the shooting.
In his second interview EHRHART also related LARRY walked over to WILLIAMS and
told him to listen and get on the ground; that the police were trying to help him. He
relates that the officers were in the street and WILLIAMS was located in the driveway.
EHRHART related after the officers gave two commands to get on the ground, they
became aggressive by drawing their guns. He further related, They took their weapons
out after they told him twice to get on the ground. The third time was when they tased
and shot.
He recalled that both officers had black weapons drawn and he could not tell the
difference between a Taser and gun. EHRHART claims that WILLIAMS took his hands
out of his pockets and put them in the air. At that time, he was Tased, he stumbled, and
then he was shot at three times. He reported that this all happened in the driveway and
that is where WILLIAMS fell to the ground.
Others recalled the incident differently. Jeffrey LEAS observed the deceased throw
something at police officers and then charge at them. LEAS reported that upon arrival
the officers went into a defensive stance. With one hand on their holsters and the
others upraised they told him to stop. Then the deceased threw an object and then
started lunging at the police officers like running, walking fast; Im not sure what it was
anymore, but he did go toward the officers and then I heard like three shots ring out and
then the individual went down.
LEAS related he observed one officer to be in the street and one officer to be in the grass
just outside of the driveway. He reported that the deceased was in his driveway pacing
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around. LEAS observed the deceased to charge at the officers and when the deceased
was shot, he was in the street where he fell to the ground.
Johanna MOQUETE heard the police officers repeatedly telling the deceased to put his
hands up and drop the weapon. She related she saw the police officers have their guns
pointed. She recalled the deceased arguing with the police officers and not complying.
She recalled the deceased had moved his hands toward the police officers, but she could
not see what his hands were doing all of the time.
She estimated the deceased was approximately 6-7 feet away from the officers.
MOQUETE recalled the deceased in the driveway, about 2 steps from the sidewalk. She
related the two police officers were in the road.
She indicated that the deceased was moving toward the police officers while moving his
hands around in the air. While the deceased was moving his hands in the air, she heard
the officers yelling, Drop the weapon, put your hands up! Put your hands up, put your
hands up! Drop the weapon!
She observed the deceased arguing with the police officers, but could not hear what he
was saying. She observed the male to walk toward the officers, but then she related she
turned around in the vehicle to call her husband on the phone. She indicated that she did
not see the shooting, she just heard the shots.
Marianella SANTIAGO-MASS observed the two police officers with their guns drawn
on the street, at the edge of the driveway to the residence where this incident occurred.
She related that the deceased was in the middle of the driveway.
She related that she could hear the police officers repeatedly yelling at the deceased to
drop the weapon and put his hands up. SANTIAGO-MASS related she did observe a
shiny metal object in the deceaseds hand. She said he was waving his hand around with
the object and was giving the police officers attitude.
She said the deceased would approach the officers and they would back up telling him to
stop. Then, the deceased would retreat back toward the middle of the driveway and the
officers would move back toward him.
The two police officers were located at each corner of the driveway, but still in the street.
She related that the back and forth happened a few times. She estimated that the
deceased was only 5-6 feet away from the police officers during this incident.
Mr. WILLIAMS then threw the object at the police officer that was closest to him and
immediately charged the other police officer. She related at that time she heard two
shots; bang, bang. She related she was not sure if both officers shot or not, but thought
that both did because of how quick the shots were. The deceased had made it to the street
before being shot. She related she observed him fall to the street in a fetal type position.

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She also believed the deceased had been Tased because of the way he fell, but claimed
that the officers both had black weapons in their hands. After the shots were fired, she
quickly drove away.
One of the EMS medics, Tyler SIMPSON, indicated that when he arrived immediately
after the incident, the deceased was found lying in the street. All three shell casings were
found in the half of the street closest to the driveway. The knife was found directly in
front of the driveway in the opposite gutter.
On advice of counsel, both police officers involved in the incident exercised their right
not to be interviewed by Pennsylvania State Police investigators and to withhold their
statement to York City Police internal affairs investigators pursuant to the case of Garrity
v. New Jersey, 385 U.S.493, a 1967 United States Supreme Court case.
Here, as in all cases of a police involved shooting, an internal affairs investigation was
conducted by the York City Police Department and a statement was mandated to
determine whether the departments protocol on use of force or other department
regulations were followed.
In the Garrity decision, the U.S. Supreme Court ruled that where a police officer was
compelled to make a statement in the departments internal affairs investigation or be
fired, and the statement was then used in a criminal prosecution, a violation of the Fifth
and Fourteenth Amendments occurred.
The decision asserted that the option to lose their means of livelihood or pay the penalty
of self-incrimination is the antithesis of free choice to speak or to remain silent.
Therefore, because the employees statements were compelled, it was unconstitutional to
use the statements in a potential criminal prosecution.

A determination must be made by the Office of the District Attorney whether there exists
sufficient evidence that the death occurred without lawful justification. A killing that
occurs with lawful justification is a complete defense to any charge of criminal homicide,
be it murder or manslaughter.
Here, the burden would be on the Commonwealth to prove beyond a reasonable doubt
that the deadly force used by the officers was not justified. That is, that the officers did
not reasonably believe they were in danger of death or serious bodily injury at the time
they discharged their firearms.
A person is justified in using deadly force, not only when he or she are in actual danger of
unlawful attack, but also when he or she mistakenly, but reasonably, believes that they
are. The individual is entitled to estimate the necessity for the force to be employed under
the circumstances as reasonably believed at the time.

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The law recognizes that in the heat of conflict, a person who has been attacked has
neither the time nor composure to evaluate carefully the danger and make nice judgments
about exactly how much force is necessary for protection. In determining whether the
Commonwealth is able to prove beyond a reasonable doubt that the officers did not
believe deadly force was necessary, consideration must be given to the circumstances
known to the officers at the time the force was used.
Here, Officer MAYER first attempted to reason with the deceased. When that failed, or
when the knife was displayed, attempts at reason became demands. When that failed the
Taser was used, apparently without success as the deceased threw the knife and charged
the officers. Only after verbal commands, then non-deadly force was attempted by the
officers, and the deadly force was used by decedent against the officers together with an
immediate follow-up attack, did the officers immediately respond with deadly force of
their own. Of significance is that the deceased escalated the event to one of deadly force
and the resulting consequences. The officers were not in a position to retreat with
complete safety at the time when he charged them. It is reasonable to assume that when
he charged, immediately after throwing the knife at them, the intention of the deceased
was to cause the officers death or serious bodily injury.
CONCLUSION
Accordingly, the Office of the District Attorney finds insufficient evidence for a criminal
prosecution in this matter where the officers fired their service weapons in response to
Mr. WILLIAMSs charging the officers from a distance of only a few feet immediately
after throwing a knife at them.
The cause of death is determined to be multiple gunshot wounds to the torso. The manner
of death is determined to be justifiable homicide. The matter is now closed.

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