Police officer 'legally justified' in shooting of Pottstown man, Chester County DA says
Joshua McFadden, 40, allegedly stole a police officer's car and tried to hit him with it, investigators said. The officer shot him once in the shoulder.
A police officer in Chester County was “legally justified under Pennsylvania law” when he shot a 40-year-old man who allegedly stole his police vehicle and attempted to hit the officer with it last month, the District Attorney’s Office said Thursday.
Joshua McFadden, who was shot in the shoulder by the East Coventry Township officer, was charged Thursday with aggravated assault, robbery of a motor vehicle, burglary, possession of methamphetamine, and related offenses.
Court records did not show a lawyer representing McFadden, who is listed as a Pottstown resident. The officer who shot him was not identified.
“Following a comprehensive review of the evidence, investigators determined that the officer’s use of force was legally justified under Pennsylvania law,” the Chester County District Attorney’s Office said.
On the afternoon of June 22, North Coventry Township police went to a Lowe’s Home Improvement store to investigate a prior retail theft. They saw a suspect, later identified as McFadden, exiting the store, according to an investigative report released by District Attorney Christopher L. de Barrena-Sarobe.
McFadden entered his vehicle, a Silver Infiniti QX30, and was approached by a detective for questioning, the report said. “Am I going to jail?” McFadden allegedly asked before starting his car and fleeing the parking lot.
The North Coventry police did not pursue McFadden, the report said.
McFadden allegedly crashed into another vehicle on Pennsylvania Route 724 and ran into the woods on foot.
A uniformed North Coventry officer responding to the crash tried to catch McFadden and allegedly heard McFadden threaten to shoot the officer, the report said. The officer lost sight of McFadden in the woods.
Police later learned McFadden allegedly entered the home on the 200 block of Pearl Street and demanded a glass of water and the use of the homeowner’s phone to call his wife, investigators said. He left when a family member arrived and told him to leave.
That evening, an East Coventry Township police officer saw McFadden in the area of Kline and Lindberg Avenues and exited his vehicle to stop him.
After a short pursuit in the neighborhood, McFadden allegedly made his way back to the police officer’s patrol vehicle and attempted to steal it, the report said.
The officer returned to his vehicle from the front and McFadden allegedly “hit the gas” and “revved the engine.” The patrol vehicle moved forward and the officer fired one shot, the report said.
“Pennsylvania law makes clear that police may use deadly force to protect themselves and others from death or serious bodily injury,” the report said
During the immediate search and investigation that day, police learned that McFadden had active warrants.
McFadden allegedly told police later that he had used methamphetamines about two hours before he first encountered the police, according to the affidavit of probable cause.
