Pennsylvania Police Officer Charged with Criminal Homicide After Shooting an Unarmed Motorist in the Back as He Lay Facedown After a Traffic Stop
Officer charged with killing unarmed driver lying facedown
March 24, 2015AP - A Pennsylvania police officer was charged Tuesday with criminal homicide after investigators concluded she shot an unarmed motorist in the back as he lay facedown after a traffic stop over an expired inspection sticker.
Authorities
accused Hummelstown police Officer Lisa J. Mearkle of shooting
59-year-old David Kassick twice on Feb. 2 without legal justification.
She was released on $250,000 bail.
Her
attorney, Brian Perry, said Mearkle acted in self-defense, and he
warned the case could cause police officers to hesitate in high-pressure
situations.
Authorities said Mearkle had attempted to pull over Kassick for expired inspection and emissions stickers before he sped away. She caught up to Kassick near his sister's home where he had been living for a short time."She felt like she had to do what she did," Perry said. "This person was being commanded, begged, 'show me your hands,' and he kept going to his waist."
He
got out and ran before Mearkle incapacitated him with a stun gun, held
in her left hand. He was on the ground when she shot him twice in the
back with the gun in her right hand, police said.
Mearkle,
36, told investigators she fired because he would not show her his
hands and she thought he was reaching into his jacket for a gun. Perry
said she did not know Kassick before the shooting.
The
offense of criminal homicide encompasses a range of charges, from
misdemeanor involuntary manslaughter to felony first-degree murder.
Prosecutors often narrow the charge later in the process, about the time
when defendants are formally arraigned.
The
stun gun contained a camera that recorded audio and video from portions
of the encounter, and District Attorney Ed Marsico called it the
strongest evidence in the case.
He said it appeared Kassick had been trying to remove the stun-gun probe from his back.
"At the time Officer Mearkle fires both rounds from her pistol, the video clearly depicts Kassick lying on the snow covered lawn with his face toward the ground," according to the arrest affidavit. "Furthermore, at the time the rounds are fired nothing can be seen in either of Kassick's hands, nor does he point or direct anything toward Officer Mearkle."
Marsico said Mearkle waited 4 seconds between the first and second shots, and afterward performed CPR. He called the shooting "a tragedy for all involved."
The district attorney said a syringe was found near Kassick's body, and alcohol and unspecified drugs were found in his system.
Lawyers
for Kassick's family and estate issued a statement calling the charges
"a substantial step toward closure" after what they described as a
horrifying tragedy. They said he had worked as a Teamsters union laborer
and struggled with addiction.
"Mr. Kassick is now dead as a result of a traffic stop, a routine traffic stop," said one of the family's attorneys, Christopher Slusser. "He should not be dead. He should not have died as a result of that traffic stop. And the manner in which he was shot — you can infer from that what you will."
Hummelstown
Police Chief Charles M. Dowell did not respond to a message seeking
comment, but his department issued a news release that said it had
cooperated fully, calling the matter "an extremely difficult case for
all involved."
"We are servants of justice and must now allow the judicial process to conduct a fair and impartial review of the allegations that have been presented," the news release stated.
Perry
said Mearkle has been on the force for 15 years. She is married to a
state trooper and has young children at home, he said. She was expected
to be under electronic monitoring.
Harley D
ReplyDeleteWhy don't cops just shoot people in the legs first to try and persuade a person? I would hate to be a cop these days and they sure don't get paid enough for what they have to deal with on a daily basis. But it should be said that people in general are getting very tired of their country being run improperly and not for the benefit of the masses or middle and lower classes. That being said tempers are shorter with people in general. So this makes a policeman's job much tougher and deadlier sad to say.
Vlad
She needs to do time for this. When an officer has a suspect face down on the ground, especially after being tased, they put their knee on the neck and pull the arms back and cuff them. You don't bark orders at someone who's just taken all that voltage and then shoot them twice in the back. If she really felt he was going for a gun, he's face down, and would have to turn over to fire at her. THAT'S the time to fire. The second he goes to turn over. If she wasn't satisfied with what his hands were doing while he was face down, she should have shot one round into the ground five feet from his head. He was probably still twitching from the taser, but if he wasn't she certainly would have seen his hands then. Still, a face down person doesn't need to be shot. Twice. In the back.
r. catesbeiana
ReplyDeleteSounds like a contrived explanation officer! I'd like to hear you tell that story again, Alice in Wonderland. I spent 25 years plus in law enforcement, including as a firearms instructor and never shot anyone, although I have been shot at and been in plenty of life threatening situations. "How do you take back a bullet?"
GHOST
In most of these stories you read the person that was killed just wasn't obeying the Police Officer so ultimately it was there own fault that they got shot. But in most of these stories the Officer THOUGHT they had a gun. The Officer had his gun trained on the suspect and shot them because they THOUGHT he was reaching for a gun. I really think the police need to be SURE the suspect has a gun before they shoot. Yes that puts the officer in more danger because they have to wait to see a gun before they fire. But they signed up for this job. They knew the risk. Those who live by the sword can die by the sword. If you worry about being in a airplane crash then you shouldn't have a job being a airline pilot or a stewardess. IF YOU ARE GOING TO WORRY ABOUT GETTING SHOT ON THE JOB YOU SHOULDN'T BE A POLICE OFFICER.
kaiser
It is highly likely that the victim was in a state of physical and mental shock after being hit with the stun gun. Thus he was also either physically incapacitated and or also mentally disorientated after being stunned. The officer was giving commands to a victim who was highly likely not able to completely understand in the moment and comply with the "exact" commands. The police officer if she was in such a state of uncontrolled panic herself, which evidently she was, could of stunned him again for her own "safety" then handcuffed the guy under arrest while she called for back up.
Clearly she was not fit to respond to her own stress response. Clearly she was clueless to the extent of the victim's state of physical and mental capacity limitations to follow her commands.
Police in this country need to be re-trained, re-educated and reconditioned to know when to go to lethal force vs to manage a situation. I don't buy into the reactions and that police work is dangerous as an excuse for the lethal force overuse that occurs all too often when it is not necessary. Police work is stressful, yes, but officers need to be better conditioned to stress reactions too through training.
Although I empathize with the high level of stress in police work, as a military veteran I can understand but also know that with proper training the stress can be handled better. Not everyone is cut out for it though and some people need to get out or be put out of the line of work. This officer certainly does not belong and likely many other officers too eager to go to lethal level are not cut out for it either.
In a military urban hot zone you still have levels of escalation of force and in the military you are trained to distinguish between when to go live and when to tone it down. Otherwise we'd of killed a lot more civilians along the way in areas where every one looks like you'd like to shoot them. If we did that though unjustifiably there would be severe consequences, so training and rules of engagement are very important and strictly followed.
There is no excuse why the Police forces or our country don't take greater responsibility in training our Police forces better and weeding out those who don't make the cut.
Enough is enough with Police violence !
Ed
ReplyDeleteI'm sick and tired of LEO's using the "what if" scenario of, he could have been reaching for a gun or whatever. They over use "officer safety" as their excuse far to often. Compared to many other occupations, being a LEO isn't even that dangerous. You are far more likely to be killed working on a farm or as a liquor store clerk than you are as a police officer. When was the last time you heard a clerk getting off the hook for shooting a customer in the back because he thought he might of had a gun and was gonna get robbed? The excuses have gone on far to long IMO.
Richard
One of the comments made was concerning female officers and 'being afraid' of a 200 lb male. I believe in some cases this is true but I still believe we train all officers to react aggressive to situations instead of defusing them. The answer to this situation was quite simple, she knew the car, she knew the license and she knew where he lived. Simply call for back ups and peacefully take him. But that's not the training being given, its to show strength and aggression AND be macho or the blue brothers will taunt you. So shoot the guy or face your fellow officers rant.
Tom
The number of cops killed on-duty in 2011 was 173. That number includes friendly fire incidents from fellow cops as well as domestic situations where the cop was killed by their spouse, yet still counted so as to inflate the total number.
The number of unarmed civilians killed by police in 2011 is unknown, but significantly higher. Apparently, though, no one keeps track.
The International Chiefs of Police, a police organization, tried in the 1980's to collect such information, but "the figures were very embarrassing to a lot of police departments," said James Fyfe, a professor of criminal justice at Temple University who is a former New York City police lieutenant. The results, he said, varied wildly. New Orleans had 10 times as many shootings per 100 officers as Newark. Long Beach had twice as many as neighboring Los Angeles, which in turn had three times more than New York.
The odds of an unarmed civilian being shot by a cop are estimated to be over 1,000 times greater than a cop being shot by a civilian.
Psychopathic bullies with badges. It's time to disarm them. I would feel safer with armed anarchy.
Maximus
ReplyDeleteKeep in mind that the ONLY reason this police officer is charged with criminal homicide is because of the video. Without that video, it would have been her word against his and dead men tell no tales. EVERY police officer in this country should be required to wear a camera.
Mark
Police training creates an "us against them" attitude, suspicion that everyone they contact is potentially an armed and dangerous criminal, and fear that they will be attacked and killed. This causes irrational fear of law abiding citizens and tunnel vision, greatly impairing judgment. Many tragedies like this one result, about 1,000 per year in America, and are often ruled "justified."
Police work requires officers who are capable of exercising good judgment. They should be fit, have good fighting skills, and not be afraid.
Not Scared Of The Truth
One day after coming home from a work convention one evening I encountered a driver who was driving as if he was under the influence. He almost hit my car 2 times from the right lane. I had to swerve around to keep from getting hit the 3rd time. Next thing I know, a Philadelphia Cop pulls me over. He asked for my license and registration, to which I told him my purse was under my seat (because I work in a high crime neighborhood ). My license was in my purse. The officer gave me permission to get my purse from under my seat. As soon as I reached under my seat, he puts his hand on his gun and starts yelling at me. Asking me what the "he!!" I was doing. Then he demanded I get out my car and took my car keys and confiscated them. When I asked why I was being pulled over and not the guy who was visibly swerving down the street and even ran into curb. The officers told me shut up and again called me stupid. They told me they saw everything and heard my engine so that is why I was pulled over. So for an entire half hour, they scared me half to death..and even went as far as to accuse me of having a gun. All that because I avoided being hit by a drunk driver. After they got done harassing me, they let me go without a ticket.
I must say, that was the most scared I have ever been in my life. They way they yelled at me and basically threatened my life made me think they could do anything and I would be powerless. I almost felt like they were going to plant something on me or shoot me. It made m very scared of police officers.
I couldn't help but wonder if the drunk driver hurt him self or someone else that night a result of the police officers negligence.
You have no idea what it feels like to have your life threatened by the very person who is supposed be there to help save you.
I know my story isn't the only one. It's been happening all over the country. Cops get a wrist slap when we would go to jail.
Dead
ReplyDeleteSomething is very f)uckedup in America.
The cops feel they have a free reign in ending someone's life, if they perceive that the person did not follow their command.
Then the significant number of the public believe it is okay to kill a person, if the person had a criminal record (to be learned after the fact of death), if they person was an addict, of the person of of color, etc.
Let's get back on the perceived threat: almost all cops say that, after they kill someone who is prone on their stomach.
Cops should realize that using this kind of excuse is not going to let them out of the crime of murdering someone.
What goes around comes around. You will pay for your crime, just like anyone else.
The police have been too quick to take someone's life. It has become a routine for them.
If they cannot take the pressure, they have no business wearing the uniform and the weapon.
Man Of Aran
The second shot seems to sum this up. Was there a call for backup that suggests the officer was overwhelmed? Are cops hallucinating on the job these days, seeing weapons where none exist? If you were naked they'd say you're threatening them with something hidden up your backside.
Silverhair
I grew up respecting the police , as my dad was the local town cop & was a "Peace Officer" ... & my older brother was a "Law Enforcement Officer" ... who has the attitude that he is GOD because he has a badge and a gun ... Even after retireing his attitude is still the same , and I make it a point that he is a Public Employee who serves the people he swore to protect & serve !!! He's still an arrogant #$%$ ... No wonder I became a Professional Truck Driver for 40 years & have no use for him or his type !!!
Raysson
ReplyDeleteRecently, I was driving in a commercial district looking for salvageable garbage that stores might have thrown out. I noticed a cop sitting in his squad about 100' away. So as not to draw suspicion, I drove toward his car to let him know what I was doing. As I approached his driver side window, he suddenly lurched forward. Thinking he didn't see me, I approached again. He lurched once again, jumped out of the car with his hand on his gun holster and yelled, "What do you think you're doing?". I was able to calm him down, but he did rattle me. I felt if I made one wrong move, I'd have been shot. Many cops have become paranoid and are accidents (killers) waiting to happen. Mind you, this occurred in a well populated area in broad daylight (11:30 a.m.).
Commenter
You successfully approached a cop, and now people are "glad you're alive". If THAT doesn't make someone go "hmmm", nothing will.
HenryDavidT
Another anecdote: I was caught j-walking in Downtown Minneapolis, MN. The police woman started lecturing me about breaking the law like she had just caught one of the drug cartel bosses from Mexico hiding in Downtown Minneapolis!
After a few moments, I calmly said: "Officer, you could give me a citation, for j-walking.. and I am sorry that this is not the first time, since I had crossed this juncture previously, not realizing I was not supposed to do it. (It's around January and the temperature was below zero, so many people dash from one side of the street to another, even during heavy traffic hours).
She grabbed hold of my coat and said: "Okay, if that's what you want. Let's go.: (She parked her car underground and we had to go down to her car.) She proceeded to not-so-gently pull me along, still holding on tight to my front coat. My hands were still holding my books I had just purchased.
Point is, and similar to your own anecdote: ---- this police officer sounded very EASILY agitated and confrontational at the same thing. Supposed I was some average punk who's been in and out of the justice system numerous times who also had a temper and, unthinkably, lashed out at her or tried hard to pull away, causing a physical confrontation and she FELT LIKE SHE HAD TO SHOOT ME to prevent herself from being harmed?
I am surprised police officers --- who are doing very difficult work, yes ---- are not being given MORE SERIOUS TRAINING on how to approach and how to talk to citizens, to MINIMIZE the probability of physical confrontation, of which many times, as this tragic event shows, started from VERY MINOR THINGS...
Mark
Police of my youth were more reasonable in general and restraining in their use of force...today, police tend to overeact to situations and use too much force in a given situation...police today are tazing 60-year old grandmas and slamming 8-year old children to the ground...they are imbued with an alarming sense of infallibility and justification - unfortunately, police are going too far in terms of enforcement using too much seriously harming or deadly force now even during routine stops.
DpntheSouth
ReplyDeleteLooks like its about time to get out of police work..... When I started I wanted to help people. Make a difference. I'm not even a racist who's looking to shoot unarmed black men. I go to work every night not knowing who I will encounter and if I'll be in the fight of/for my life. Not only do I have to worry about some killer, who I stop for speeding, shoot me on the side of the road, I also have to worry about shooting that person. What if I perceive he/she as a threat? What if he's not white?! Could I have the government trying to find a way to prosecute me? My own department abandoning me? (cause the public/government wants it, because the media tells them they want it) Or even end up dead because I hesitated thinking about these things. My number one job everyday is to get home to my family at the end of my watch. I don't want to hurt ANYONE while I'm on duty (for $45K a year I might add...) but, if I think it's either gonna be you or me in the morgue at the end of the night? It's gonna be you every time. I'm going home to see my family at the end of the day. That's my job. Do what the police tell you. We're actually on your side!
truth inspector
This is what happens when your communities morph into a paramilitary police state directed by modern day Bolsheviks. Better think about that folks.
Odin
ReplyDeleteThe officer shot a man lying on the ground, in the back twice.
There is no sane way you can justify this.
Its a case of major over-reaction and bad judgement based on the assumption that the officer had every right to use any level of force she felt like using, just because she was a cop.
We hold our law enforcement to higher standards than this.
The police are NOT lords and masters over the citizens...They do NOT have the rights of high, middle and low justice, to be dispensed on the spot at their whim.
America is NOT a feudal kingdom of nobles and serfs.
lee
The sad part is this office doesn't understand the pain that can come from a stun gun. People act differently. It is hard for a suspect to lay on the ground and not try to get up when you have 5 or 6 officers with their knees on your neck, back, kidney etc and you can't breath. No one can stay still when five people are on you like that. You mind tells you to fight to survive because you can't breath. A stun gun will do the same, it take your breath away, it will also cause your organs to spasm, your body is in fight or flight mode. Police officers need to be retrained , this bad boys bad boy #$%$ needs to stop.
Sean
You are 100 times more likely to be murdered by the government (federal, state,local ) than you are by terrorists. Let that sink in for a minute.
The Fool on The Hill
ReplyDeleteSelf defense? Really? Just been tased, lying face down and he was a threat? Of all the police shootings lately that is about the shakiest case I've heard of. She was probably cheesed off that she had to chase after him. It doesn't matter that he had a drug problem, this was a flat out execution.
hello.
Honestly, I am more scared of the police than so call private citizen because there is no way of protecting your self from the police unlike an intruder you can use protections like gun knife, baseball bat or what so ever but for the police either you get shot or go to jail with very expensive price if you used one of those protection.
Ellen H
When did police officers start shooting to kill instead of disable?
Ron
We used to hold officers to a higher standard. We're talking about human lives here. Police officers too. I want everyone to go home at the end of the day and that's going to take more training apparently. Fear cannot continue to be the only needed justification for a valid shooting. We demand more from 18-yr-old enlisted military for God sake, can't we ask more from our police force?
howitis
The four seconds between shots will convict her. Four seconds is a LONG TIME before pulling the trigger again.What could he have done in those four seconds to justify the second round?
michael m
"Linden police Capt. James Sarnicki said any discipline would be an internal personnel matter and would not be made public"....And that's why you have a repeat performance with far worse results this time. No accountability. The police have no problem crucifying any civilian caught breaking the law and go through a methodical process to get a conviction. When the police violate the law they get the incredible privilege of having their co-workers, friends and drinking buddies "investigate" their case with an opposite mindset. To find their buddy a way to get out of criminal charges. The truck drivers zero BAC level was released the same day. Why hasn't the cops BAC been released. I can guess why. In part one of the smear campaign they tested the truck driver for every substance known to man. Now that that has failed part 2 of the smear campaign is underway. Find anything in the truck drivers past they can use to divert attention away from the cops actions same as the reason for part one.. At some point they'll be forced to release information. Even then the "criminal justice" system won't allow this cop to pay the same penalty as everyone else. IF he goes to prison it won't be the run of a mill prison. He'll go to Mid-State Prison which houses criminal politicians and cops in NJ. They enjoy a country club atmosphere during their short stay there. NJ takes care of its corrupt authority figures. Everyone else gets general population in a regular prison........
LexLuthor
All police officers should have tamper proof mini cameras on their firearms and on their badges as well as in their vehicle dash boards. They should be capable of high resolution video and audio. This would better protect civilians and police officers and help to sort out right from wrong.
maddy
ReplyDeleteIs it not astonishing that the police news release asserts that they are (servants of justice?) They are, in fact, servants of the law, and have nothing, whatsoever, to do with justice.
Cadmax
I wonder how he resisted during the 4 seconds between shots?
Spirit
Just wondering -- Is it possible that this man was possibly having trouble showing his hands because he'd just been tasered?
ZapB
San Diego implemented cameras. Complaints went down by 41%. Use of force went down by 47%. Apparently, at least in San Diego, just having someone watch the police reduces force by almost half.
GlobalInfantry
ReplyDeleteDo people actually read the articles they comment on or do they just take key words out and form an entirely new one to fit their opinion? There has to be some pretty damning evidence for a DA to charge a cop. Once again a police officer feared for their safety by putting themselves in a situation. If you're solo, back off,call for assistance if you have concerns. Don't be brave when you have the upper hand then panic when things aren't going your way. Carry a billy club and crack somebody upside the noggin before pumping a couple of rounds in them.
John B
I think the taser should have been enough, no need to shoot him, especially if her reason for shooting is not showing hands right after being tased. I assume it takes a minute to recover from that. However, a motorist who has done nothing wrong other than having an expired sticker typically doesn't try to get away. once he flees in his vehicle and then on foot, the officer should be at full alert and expect that she may have to use force, how much force is a question she has to ask herself and be ready to accept the consequences of using said force. typical traffic stop, I think not. I'm guessing that if he had not had drugs and alcohol in his system then he would not have tried to get away in the first place and he might still be alive.
Reggie
I always take the side of the cop, but this is an exception. Even IF he kept reaching for his waist as it says, she should either have shot him in the leg, or waited until she actually saw a gun. If he did grab a gun, on his stomach, it would take a sec to turn around and fire etc.
chris h
ReplyDeleteSo what's the problem here? Police officers used to be peace officers and respected in the community. So why are they now shooting people everytime they twitch? What precipitated this?
The Ohio Family
Based on the article the assailant was in a submissive position as a result of her using a stun gun on him (held in left hand). She then drew her pistol with the right hand and shot him in the back twice ... 4 seconds apart. After 15 years as a policewoman wouldn't it seem reasonable, based on how the situation, that she either fire a warning shot next to him or shoot him in the leg or arm? There is more to this story, especially since some of it was recorded on the stun gun.
Lazarus
Apparently, there are too many scared cops out there. I've always said that the one thing that is more dangerous than a criminal with a gun is a scared person with a gun.
Fred
This why everyone should have a video camera with sound on them at all times. Today's LEOs are not to be trusted at all. Their 'academies' brainwash them to treat ALL citizens as threats and to act accordingly. And yes..that includes your 80yr old grandmother that got confused when some jack*ff pulls her over for forgetting to use her turn signals.
Scott
Another great example of today American militarized police. It is completely out of control and needs to change. What was wrong in the 50's and 60's when a police office knocked on a door to issue a low level warrant? Today we need special taskforces of 15 overpaid cops to do the same thing and end up throwing stun grenades into baby cribs or killing house pets.
This kind of military tactics are what lead them to go crazy and shoot people in the back while lying down, plain and simple.
lee
The sad part is this office doesn't understand the pain that can come from a stun gun. People act differently. It is hard for a suspect to lay on the ground and not try to get up when you have 5 or 6 officers with their knees on your neck, back, kidney etc and you can't breath. No one can stay still when five people are on you like that. You mind tells you to fight to survive because you can't breath. A stun gun will do the same, it take your breath away, it will also cause your organs to spasm, your body is in fight or flight mode. Police officers need to be retrained , this bad boys bad boy #$%$ needs to stop.
Yea Rite
Umm anyone ever tried to move at all after being hit with electricity? LMAO, LOL!
Tevix1255
The suspect was laying face down, incapacitated by a stun gun. He did nothing that justifies being shot at that point.
Umm anyone every tried putting both your hands behind your back when wearing nice thick leather / motorcycle jacket, especially being overweight and or out of shape? LMAO, LOL!
Big D
I call BS my friend. Yes, cops have to be very alert, but the rules of engagement are specific, and has stages of force to be used on said persons. You can't complain about the use of the tazer, but immediately two shots to the back while being face down is excessive. You cant shoot because you think a person has a weapon. You have to have visual evidence that the person has a gun, and is endangering your life for that to happen. The person on the ground would have had to turn over and try and point a weapon at her. Which he did not. Has he broken the law, yes! but not to the point of his death. Plus there's video of the shooting.