Client Acquitted of Pointing Gun at Officers
I have been a criminal defense attorney in Philadelphia since 2005. I was a prosecutor for four years beginning in 2002. I have seen a lot in those years. But, this case was one-of-a-kind. My client was shot at by Philadelphia police officers thirteen times and hit in the head twice. Despite that, he found himself sitting next to me at defense table charged with assault against police after the District Attorney alleged he pointed his firearm at police. How did that happen and where did the story go from there?
DA’s Story: Philadelphia Man Points Gun at Two Police Officers
Two Philadelphia police officers were in an unmarked car in plainclothes. Nothing about their Ford Taurus would lead anyone to know they were police officers. They stopped at the corner of 19th and Plymouth Streets in Northwest Philadelphia. My client, driving a Ford Explorer, couldn’t understand why the Taurus was sitting at the stop sign so he laid on his horn twice. The police moved their vehicle to the left so my client could get by. But, he wasn’t satisfied so he pulled out a gun and pointed it at two Philadelphia police officers. As he pulled beside their vehicle he continued to point his 9 mm Ruger at them out his SUV window. The passenger notified the driver of the gun.
The driver jumped out of the Taurus, went to the back to take cover and fired at my client. The passenger, believing my client was shooting at him, also began to fire his city-issued firearm. When the shooting was over, police had discharged their firearms 13 times, riddling my clients car with bullets, shattering windows and hitting him twice. My client fled the scene with blood pouring down his face from a head wound. Over police radio, fellow officers learned that shoots had been fired and quickly responded to protect their brother officers. The cops gave chase as my client fled at a high rate of speed going through stop signs. With multiple police cars behind him, my client slowed and fell out of his moving vehicle.
The vehicle rolled over his leg and continued down the street without an operator until it crashed into a parked car. Found inside my client’s car, hidden under the brake pedal was his fully-loaded firearm. My client was arrested and charged with aggravated assault against police, possessing an instrument of crime and multiple lesser-included offenses for pointing his gun at two people who had identified themselves as Philadelphia police officers.
Defendant’s Story: Two Unknown Men Shot at Him Multiple Times
My client didn’t dispute many of the above facts. But, took issue with the one that made this a crime: He claimed he never pointed his gun at the undercover police officers. My client was waiting behind a Ford Taurus at the stop sign of 19th and Plymouth. He honked his horn a few times because the car in front of him wouldn’t move. He moved to go around the vehicle so he could make a right. A man jumped out of the other car, stood in front of his vehicle, pointing a gun directly at him and started shooting. One shot went through the front windshield and across the top of his head. Another struck him in the back of his head where he still has bullet fragments. The passenger also started firing.
Fearing for his life, he tried to get away from these men. He wanted to get to a busy intersection where he would be safe. Once there, and in complete shock as he had blood from the top of his head down to his socks, he rolled out of his SUV. The next thing he knew a detective had his foot on his back, a gun pointed at him and he was being arrested. His firearm was recovered in his SUV and he was rushed to the hospital. After receiving staples to the head, he was released to get his mugshot, be fingerprinted and sent to CFCF prison on $150,000/10% bail and multiple felony charges. He didn’t understand. If he was the victim of a shooting at the hands of two violent men, why was he the one being arrested?
Rogue Philadelphia Cops Have to Justify Shooting
When hired for this case, I immediately had an investigator take pictures of the car and the scene and scour the neighborhood for possible witnesses. I learned that my client had legally bought and registered his gun. He had a permit to carry. He had a wife and children and had never been arrested. Something didn’t add up. But still I was meeting him in a prison interview room.
At the preliminary hearing I had two goals: (1) Get the aggravated assault charges dismissed as there was no proof my client knew that the individuals he allegedly pointed a gun at were police officers and (2) Have his bail greatly reduced so he could get home to his family and address his medical concerns. I was successful on both fronts. The felony aggravated assault charges were dismissed after one officer testified and his bail was reduced to $25,000/10%.
After I received full discovery, I learned that thirteen shots had been fired and my client didn’t shoot once. One officer shot at my client six times and the other seven. How do we know? The cops’ and client’s guns were compared to the fired cartridge casings at the scene. They all matched the officers’ guns. Why would a man point a gun at two people, get shot at 13 times and not return fire even once? On the other hand, why would police fire their guns 13 times if my client never pointed his gun at them first? This became the battle at trial.
However, the more I analyzed the crime scene evidence, the injuries to my client’s head and both the cops’ and my client’s version of events, it was clear the cops were lying. And they were doing so because they had to justify firing off thirteen rounds at a citizen. There were two bullet holes in my client’s front windshield. But, the cops said that they shot from behind my client’s SUV. The police tried to claim that the windshield shots were outbound holes. But, that didn’t add up with the location of the officers’ shooting location based on their fired cartridge casings or with the injury to my client’s head. And no crime scene officer could get on the stand and reach that preposterous conclusion.
A Jury Speaks: Not Guilty of Assault on Police Officers
Twelve people would have to hear both sides of this story and unanimously decide which made more sense. Despite the fact that my client gave a compelling and honest statement to police following his arrest, he chose not to testify. We felt it wasn’t necessary after the police officers contradicted each other and their story simply didn’t line up with the physical evidence. The jury did not have to deliberate long to agree with the defense theory of the case. My client was acquitted of two counts of simple assault, two counts of recklessly endangering another person and possessing an instrument of crime. Justice was served.
If you or a loved one has been arrested after an altercation with police in Philadelphia or the surrounding counties, contact our criminal lawyer at The Fishman Firm to learn about your rights and seek legal representation.
Jersey City Police shoot man accused of opening fire on officers in patrol cars
CeFaan Kim has the latest from Jersey City.
JERSEY CITY, New Jersey (WABC) — Police shot a man who allegedly opened fire on the streets of Jersey City on Friday afternoon.
Hudson County officials say Jersey City Police officers came under fire while driving marked police cars southbound on JFK Boulevard near Clinton Avenue around 1:20 p.m.
They say an armed male fired multiple shots, which struck both police vehicles.
While under fire, sources told Eyewitness News that one Jersey City Police sergeant exited the vehicle, engaged the gunman and returned fire.
According to sources, the suspect randomly opened fire on four officers in two separate marked police vehicles. They were not looking for him and did not engage him before the gunman shot at them, striking their police vehicle several times.
Sources say it appeared the suspect was shot and the rushed to a nearby hospital. His condition is currently unknown.
A witness said the suspect was randomly shooting vehicles, spraying bullets all over JFK Boulevard by Clinton Avenue.
“He had a gun on him and then the gun went off, everybody ran. I saw him pulling out the gun, aiming at people, shooting,” the witness said.
One witness said the suspect pointed the gun at him.
“He had a gun in his hand he was just shooting random vehicles and he pointed a gun at me at one point,” Carlos said.
A witness told Eyewitness News that he heard police tell the suspect to drop his weapon and then watched police strike him twice.
In a video taken by witnesses, police can be heard commanding him to drop his weapon.
Witnesses say he was ultimately shot by cops.
“He started crawling after he got shot and he was still resisting after he got shot,” Carlos said.
Officials say no civilians were injured during the incident, and none of the four police officers who were shot at were struck.
They were taken to the local hospital for evaluation and treatment for trauma.
It is unclear why the suspect opened fire.
The Hudson County Prosecutor’s Office said a thorough investigation will be conducted.
They are encouraging anyone with information pertinent to the investigation to reach out.
Armed man who threatened to kill people fatally shot by officers in Richmond: police
An armed man who was threatening to kill people was fatally shot by officers in Richmond on Monday night, according to police.
RICHMOND, Calif. (KGO) — A man was shot and killed by police officers in Richmond on Monday night. Officers say they got the call around 5 p.m. They tell ABC7 News they were called to an apartment after a report that a man inside had at least one knife and was threatening to kill people.
Here’s Lt. Donald Patchin of the Richmond Police Department:
“Almost simultaneously they received an update from dispatch that the subject had armed himself with a second edged weapon, so at that point the officers walked up to the front door of the residence, almost immediately after announcing their presence they were confronted by an armed subject directly in front of the front door of the residence. They encountered that individual and unfortunately at that time two officers discharged their weapons and an officer involved shooting did occur.”
INTERACTIVE: Take a look at the ABC7 Neighborhood Safety Tracker
That man did not survive. Neighbors described seeing his body on the front porch after the shots were fired. It is unclear if the man who was killed lived there or if he was visiting family or friends. A cousin of that victim showed up and was upset, yelling at officers saying they didn’t have to kill him. We talked with neighbors in the area who told us they heard at least seven or eight gunshots.
One neighbor was upset over what happened.
“So you don’t think they had to shoot him?” said ABC7 News reporter J.R. Stone.
“No, no, not at all because if there was a knife, I mean police they can stay away. They can stay away and be back. To shoot him just like that there was a lot of shots like da da da da da,” said Horacio Gonzalez Bera who lives nearby.
We did ask officers if they believe that second weapon could have been a gun. The Lt. told us there is nothing at this point to lead them to believe that he was armed with anything but a knife or sharp object.
Idaho shooting suspect identified, motive for ambush of firefighters still unknown, sheriff says
By Kiki Intarasuwan
The suspect who allegedly ambushed firefighters on the job Sunday in Coeur d’Alene, Idaho, had contact and a brief discussion with them before opening fire with a shotgun, killing two and critically injuring a third, Kootenai County Sheriff Robert Norris said Monday.
Fire officials identified the deceased firefighters as Battalion Chief Frank Harwood, 42, and Battalion Chief John Morrison, 52. The third firefighter who was critically injured, engineer Dave Tysdal, underwent two successful surgeries on Monday, fire officials said during a news conference.
During a separate news conference Monday afternoon, Norris identified the suspect as 20-year-old Wess Roley. His body was found at the scene of the fire late Sunday night along with a firearm, the sheriff said. Norris said it appears the suspect shot himself.
As the Nettleton Gulch Fire continued to burn on Monday, the sheriff said it will take days to fully process the area, but investigators have located Roley’s vehicle in an embankment near the scene. He said investigators have not yet been able to inventory the vehicle, which has “a lot of debris in there.” People who have seen the vehicle say it appears Roley was living in the vehicle, Norris said.
Norris said authorities have not found any writings that would indicate the suspect’s motive.
The suspect previously had five “very minor” encounters with law enforcement but had no criminal history, according to the sheriff. The interactions with officers “had to do more with trespassing, he was asked to leave and [was] cooperative,” Norris said. Other interactions included welfare checks reported by property owners about Roley’s vehicle, the sheriff said.
Authorities are also looking through Roley’s social media presence for any clues to a possible motive. Norris said investigators have not found any connection to “Islamic jihad,” disputing rumors spreading on social media.
“We have information that he, at one time, he wanted to be a firefighter,” Norris said, but added that investigators don’t know if that has any connection to what happened.
Victims identified as veteran firefighters Frank Harwood and John Morrison
The families of Harwood and Morrison and the firefighting community as a whole are dealing with “unimaginable loss,” Kootenai County Fire & Rescue Chief Christopher Way said during the fire department’s news conference Monday.
Battalion Chief Harwood had been a member of the department for 17 years, Way said. Harwood was also a well-respected former Army National Guard member, Way said. He is survived by his wife and two children.
“This loss is felt by so many, including all of the members of his shift that worked and saw the incident yesterday,” Way said.
Morrison had been a firefighter since 1996, Way said, adding that he had served the city of Coeur d’Alene for more than 28 and a half years. Way said he had the opportunity to work with Morrison two weeks before he was killed, and they had a “rare moment” to talk.
“We talked about being better fathers. We talked about being better leaders. We talked about being better firefighters,” he said.
After the ambush shooting, Way said local law enforcement agencies are now going on every call with the fire department.
“I don’t know that we’re ever going to be able to guarantee people’s peace of mind, at least for a while after an incident like this,” he said. “But we are taking every measure we can to ensure safety.”
Suspect lured firefighters by sparking fire, sheriff says
The firefighters were responding to a wildfire Sunday afternoon in a popular recreation area at Canfield Mountain when Roley began firing at them, Norris said. The sheriff said investigators believe the suspect used a flint starter to start the fire to lure the firefighters there.
“And we do believe that it was an ambush and it was intentional. These firefighters did not have a chance,” Norris said Sunday.
Investigators initially believed there might have been more than one sniper, due to early reports from first responders, but now say the evidence indicates it was Roley armed with a shotgun.
“We know that there was a shotgun used, absolutely, 100%, we know that for sure,” Norris said Monday, noting that rifled slugs were recovered from the scene. He said smaller fragments were also found in the area, and the scene is still being processed.
Suspect’s grandfather describes him as “pretty much a normal kid”
According to a Facebook post by his mother, Roley moved from Arizona to Idaho when he turned 18 in 2023 to work for his father’s tree-cutting company. In an update shared in October 2024, his mother wrote he was “doing great living in Idaho.”
In a phone interview with CBS News, his paternal grandfather, Dale Roley, described Wess as “pretty much a normal kid.” He said his grandson had recently lost his cellphone and did not have a “high-powered rifle.”
“He had a .22 long rifle and a shotgun,” he said. “That’s not a high-powered rifle by any stretch. We’re just hoping there’s some weird circumstances and Wess wasn’t actually involved.”
Dale Roley confirmed that Wess had worked for his father’s tree company, but more recently was working at a different tree company in Coeur d’Alene. He said his grandson “wanted to be a fireman” and applied for a job with the forestry service four or five months ago.
In a statement provided by their attorney, Wess Roley’s family offered its condolences to the families of the firefighters who were killed and to the Coeur d’Alene community.
“There are no words that can suffice for this tragedy and the infinite losses suffered by those affected by this shooting,” the family said in the statement. “We do not understand why this happened or how this came about. Our hearts and spirits are broken for the lost and hurting, and for our own loss as well. We intend to fully cooperate with authorities in seeking answers. As we also deal with the grief of this heinous tragedy in our own family, we will not be answering any questions outside of law enforcement.”
As of Monday afternoon, the Nettleton Gulch Fire has spread to approximately 26 acres, the Idaho Department of Lands said in a statement. No evacuations have been ordered and no structures are at risk, the agency said.
