Trooper: Ordered to stand trial

Josey1

Trooper: Ordered to stand trial Wednesday, January 30 Trooper faces trial for firing at teen By Brett LovelaceIntelligencer Journal Staff A state trooper will face a trial in Lancaster County court for allegedly shooting at an unarmed 13-year-old as the teen-ager ran from the scene of a traffic accident along Route 30 in August.District Justice Richard W. Musser forwarded two counts of aggravated assault and reckless endangerment filed against Charles E. Cox Jr., 45, following a preliminary hearing Tuesday.Cox, a 17-year police veteran, will be formally arraigned in common pleas court Feb. 27. He is free to await trial after being released earlier this month on his own recognizance.Cox, of Coatesville, had been assigned to administrative duties at the Embreeville barrack during the four-month investigation. He was charged Jan. 9 and suspended without pay by state police Commissioner Paul J. Evanko.Lancaster County Assistant District Attorney Jeffrey Conrad is prosecuting the case against Cox.District Attorney Donald Totaro had approved the charges filed against Cox by state police Lt. David Kreiser, who handled the investigation."The use of deadly force was not justified under these circumstances, and the results could have been tragic," Totaro said Jan. 9.The Aug. 18 shooting began about 1:45 a.m. when Mount Joy police Officer Joseph Goody began following a speeding vehicle on Route 230.The teen, driving his grandmother's Dodge Dart, did not stop for the officer and continued onto Route 283.Officer Goody followed the teen for several miles until the chase entered the Route 30 construction zone. The youth passed a large truck and temporarily lost Goody.Trooper Cox was assisting with blocked traffic near the Greenfield Road overpass as the teen approached in the Dodge.Construction Worker Frank McKenna, 40, had been alerted by cellphone about the chase and asked Cox if he knew what was happening. Cox told McKenna that he was unaware of the chase.The teen wrecked the Dodge near where Cox was parked. The teen fled the Dodge and ran south toward the R.R. Donnelley printing plant.Cox reportedly pursued the teen and yelled for him to stop.The teen ignored the order and Cox fired three times at the boy as he was running away.The teen was later caught and told Officer Goody that he was running away from his car when he was shot at, and heard at least one bullet come very close to hitting him.Two bullets were later recovered from the parking lot and were determined to have been fired by Cox.For several days after the incident, the state police did not issue a press release about the shooting. Police also did not report it to the district attorney, which is required by state law, until contacted by an Intelligencer Journal reporter.At the time, Capt. Frank Pawlowski, the commanding officer of the Troop J barracks, said he was not attempting to conceal the shooting."Administratively, it fell between the gaps," Pawlowski said. http://www.lancasteronline.com/intell_news/trooperj.shtm

YankeeClipper

I have a lot of emotions when it comes to this. I've known officers that have had to live through these things in the past.In the last 20 years the scene has changed so much that that I don't know what to feel. After what we went through in northern Idaho I have little compassion for any law enforcement officer. But I am smart enough to know that not all of them are like Idaho state troopers.There is a big difference in law officers of 30 years ago and now. The same can be said for Judges and the DA"S. The ethics codes must be re-instated and followed.

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salzo

I always thought police could not use deadly force unless their life, or someone elses life was in danger. Since the subject was fleeing, why was the officer shooting at him? Cop should be brought up on attempted murder charges.

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Happiness is a warm gun

BigTex

I think a cop has the right to shoot your sorry * if you are running from him.

idsman75

It depends upon state law. I can only attest to the Levels of Force SOP's that I had to follow on a military installation. If a suspected felon is fleeing then deadly force is authorized. The mainstream media reported this incident so it is unknown if the officer ran the individual's registration. If he did and it came back as registered to a wanted felon, then the driver is fair game in many areas if he flees.

CZECHMATE2

Anybody that would say that a cop has the right to shoot at anybody running from him obviously has a screw loose .The police have way too much power as it is without that kind crap thrown in.

gunpaq

I was surprised to see Charlie charged since he is a minority. Must be more to it than what is being reported.

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Pack slow, fall stable, pull high, hit dead center.[This message has been edited by gunpaq (edited 02-04-2002).]

salzo

BigTEX _Yeah right, cops can be judge, jury and executioner. There is a little concept that exists in the legal system, INNOCENT UNTIL PROVEN GUILTY.Ever hear of it?

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Happiness is a warm gun

Shootist3006

Talk about unequal trearment under the law!!! If an ordinary citizen had shot at somebody who was doing nothing more than running away; the charges would be attempted murder, assault with a deadly weapon, discharging a firearm within Xhundred feet of a building, littering and anything else that could be brought to bear. You sure as hell wouldn't be released OR.The cop should be tried for all of the above offenses - just like anybody else.

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Quod principi placuit legis habet vigorem.Semper Fidelis

SP45

Deadly force may be used by a law enforcement officer in order to protect his life or the life of someone else provided that life is in immenant danger of death or serious * harm. In the case of a person fleeing, the officer must have information that by allowing that person to escape someones life will be in jeopardy of death. For instance if a bank robber kills a police officer to avoid capture and flees the scene with a gun. A second police officer locates the robber and orders him to drop the gun and surrender. The robber fires at the police officer and turns and runs with the gun in his hand. The robbers conduct in killing the first officer and shooting at the second officer and refusing to surrender show that by letting him escape puts other lives in danger of death. In that case deadly force would be justified even if he was fleeing. Just because he was not facing you at the time makes him no less of a threat five minutes later when he again trys to kill you. You must also have this information at the time you use deadly force, not something you discover later. The old "fleeing felon" standard no longer exists.

RugerNiner

I'm from this area and know it well. That Trooper wasn't even in his county. He's from Chester County, about 25 miles from where this happened.

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Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!

REBJr

Odd that this board if stuffed with LEOs, yet, none have responded to this topic.Hang the SOB high!!!!!!Whats good for the goose is good for the gander!!!!F-em if they can't take a joke!!!Seriously, there are a FEW good LEOs out there, IMO, most of them are egotistical (S- word.)Really seems to bother them that the average hourly paid joe earns about 2X what the LEOs do around here. No problem with authority, just with power-crazed "cops"

Miss. Creant

Andy was onto something when he only let Barney have 1 bullet.Or should the copper have had a machine gun.What say you Dano?