Quakertown teen avoids felony charge after ICE protest confrontation with borough police chief

One of five teenagers charged with aggravated assault after a February confrontation with Quakertown’s police chief amid a protest over ICE enforcement will avoid a felony conviction under an agreement reached in juvenile court Friday, his attorney said.

The agreement places the 16-year-old boy in a diversionary program to resolve two remaining misdemeanor charges of simple assault and disturbing the peace. If the teen completes the program — which requires 20 hours of community service and counseling — the Bucks County District Attorney’s Office will move to expunge the charges, said his lawyer, Donald Souders.

Three other teenagers who face charges of aggravated assault asked a judge to postpone their hearings as their attorneys continue to review evidence and negotiate with prosecutors. The judge granted the requests and lifted the house arrest orders she imposed in late February, allowing the teens to remain free pending their next court dates.

A hearing for the fifth teenager also charged with aggravated assault in the case was scheduled for later Friday.

The charges stem from a confrontation that unfolded during a protest in Quakertown, where a group of teenagers had gathered to speak out against U.S. Immigration and Customs Enforcement in the borough’s downtown. What began as a tense but largely verbal encounter escalated quickly after Police Chief Scott McElree moved into the crowd, according to court filings and accounts from students and police.

Police have said the teenagers surrounded and struck McElree during the melee — an attack they say left the chief injured as officers struggled to regain control. McElree left the scene bleeding and later sought treatment at a hospital for various injuries, police said.

McElree took workers’ compensation leave shortly after the confrontation. An attorney for the borough said McElree remained on leave this week. He declined to say when McElree was expected to return to work.

Lawyers for the teens who were arrested have described a chaotic and fast-moving scene in which the teenagers reacted to what they characterized as aggressive and unnecessary force by McElree, who was dressed in plain clothes when he entered the fray. They say the police chief rushed into the group and — without identifying himself — pushed his way into the crowd and grabbed a student, triggering confusion and panic among the teens, who defended themselves.

Widely circulated videos of the encounter reviewed by The Inquirer show McElree wrapping his arms around the neck of a 15-year-old girl. Others others show teens on the ground, grappling with officers. Many Quakertown residents have called for disciplinary action against McElree, who also serves as the borough’s manager.

The district attorney’s office is investigating the incident. A spokesperson for the agency did not immediately respond to a request for comment Friday.

Speaking inside the Bucks County courthouse Friday, Souders said the deal his 16-year-old client struck would put to an end the “traumatic” situation.

“Hopefully he can return to normalcy,” Souders said.

As part of the diversion program, the boy will also need to meet with McElree and talk about the incident, Souders said.

The meeting would be a chance to “air out what happened,” Souders said. “It would be my hope that ... the chief would take the high road and and offer ... an apology.”

The conversation has not yet been scheduled, he said.

Timothy Prendergast, who represents the 15-year-old girl seen in videos being held around her neck by McElree, said Friday that the teen “was a victim, not an aggressor,” and that the evidence would support that account.

He said he is hopeful her case can be resolved “reasonably” before a trial, adding: “This matter should have been dismissed from the beginning.”