According to Bucks County, Pa. District Attorney Matthew Weintraub, an officer who shot and wounded an unarmed inmate after accidentally drawing his gun instead of his taser will not be charged.
According to findings released by the office Friday, Weintraub determined that the officer who shot the inmate was βneither justified, nor criminal, but was excusedβ in the incident, which occurred in March.
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Weintraubβs letter to New Hop Police Chief Michael Cummings said that the law excuses the officerβs conduct because of his βhonest but mistakenβ belief that he was going to tase and not shoot the victim.
In his letter, Weintraub concluded that the officer βwould have been justified in using his Taser to regain control of Riling inside the holding cell,β as the officer βhad a reasonable belief the scuffle posed a danger to his fellow officer.β
On March 3, Brian Riling was in a holding when, according to Weintraubβs office, he began moving his clothes. After a βdrug baggieβ fell from his waistband, he stepped on it, and a struggle began.
βWith his service firearm in his hand, the second officer yells βTaser!β before shooting Riling in the torso,β the office stated. Video released by the DAβs office shows Riling shout before falling back onto the floor.
According to NBC News, Riling appears to say, βWas that a gun?β and βWhat are doing? You shot me with a gun? What the fβ- are you doing?β He also mentioned his children, telling the officer he did not want to die.
The officer wore his taser on his right side, aΒ violation of department policy, which dictates tasers be worn on each officerβs non-dominant side.
βThis violation of policy, however, does not constitute a violation of law,β said the office.
According to Rilingβs attorney, Richard Fink, he is still experiencing medical issues despite his release from a medical facility, per the Bucks County Courier Times
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