EAST GREENVILLE — An Upper Perk police officer used “lawful force” last month when he shot and killed a man armed with a machete and a hatchet who had barricaded himself in the basement and charged at police as they responded to a domestic incident.
The investigation of the shooting was conducted by the Montgomery County Detective Bureau, as is protocol for any officer-involved shooting in Montgomery County. The investigation included scene analysis, ballistic evidence, witness statements and interviews with police on scene.
The officer’s name has not been released by authorities. A spokesperson for the district attorney’s office told MediaNews Group they only release the name of an officer in such circumstances if the officer is charged.
“The incident began at 8:08 p.m., Saturday, Sept. 14, at a residence in the 100 block of Cherry Street when East Greenville Police responded to a 911 call for a domestic incident,” according to a press release issued Friday by the office of Montgomery County District Attorney Kevin R. Steele.
The DA’s investigation found that “police arrived and spoke with a family member who told them that 55-year-old Gabriel Diaz had physically assaulted and strangled her. Family members also told police that Diaz had knives in the basement.
“While police were interviewing family members, Diaz barricaded himself in the basement and repeatedly threatened to harm the police and blow up the house. East Greenville Police requested assistance from area law enforcement agencies. The Pennsylvania State Police, Upper Perk, Douglass Township, New Hanover and Lower Salford police departments responded. Police evacuated family members from the house,” according to the release.
“During the standoff, police were negotiating with Diaz to exit the basement. At one point, Diaz came to the top of the stairs, armed with an axe and a machete, but then retreated. At approximately 11:30 p.m., police officers breached the basement door to find Diaz with bladed weapons in each hand. Diaz then charged at police officers and failed to respond to commands to drop his weapons. Police deployed a taser, which failed to stop Diaz. An Upper Perk police officer discharged his firearm, striking Diaz twice. A machete and hatchet were recovered by Diaz’s body,” the release recounted.
“Given the attendant circumstances, our investigation found that this use of lethal force was justified under the law,” Steele said in the release.
In Pennsylvania, a law enforcement officer is “justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person,” the release noted.
