Affidavit for arrests in Quakertown protest details injuries to police chief, doesn’t mention chokehold

A student protest in Quakertown last week escalated when officers attempted to detain a teenage girl, police say, setting off a struggle that ended with five teenagers charged and the police chief in the fray.

The protest quickly devolved into a melee in which students obstructed traffic, struck vehicles, and assaulted Chief Scott McElree as he tried to take one of the teens into custody, according to the affidavit of probable cause for the arrest of one of the students.

The document, obtained by The Inquirer, offers the most detailed account yet of what law enforcement officials say happened that day.

The protest took place Friday near the intersection of Juniper and Front Streets, where dozens of students had gathered to demonstrate against federal immigration enforcement actions.

According to the affidavit, officers were already monitoring the crowd when they observed students walking into roadways, throwing snowballs at vehicles, standing on benches, and, in one instance, kicking a white pickup truck and hitting its side mirror. Officers warned the students to remain peaceful, the document said.

At some point, the affidavit said, a teenage girl stepped into the street “numerous times, including in front of moving vehicles.” An officer approached her on the sidewalk and told her she would be detained. When the girl attempted to walk away, the officer grabbed her arm, the affidavit said, and was quickly surrounded by other students.

It was then, according to the document, that McElree intervened. The chief “attempted to make an arrest” of the girl, the affidavit said, but a teenage boy began pulling her away. McElree grabbed the boy, who “began resisting arrest by pulling away” and struck the chief in the ear with a cell phone, the affidavit said.

The document said several others joined in: One girl struck McElree on the left shoulder. A teenage boy hit him in the head and ribs before an officer took the boy to the ground. Another girl punched McElree with a closed fist, and a different student struck him in the head with a backpack, according to the affidavit.

McElree, who left the scene with blood on his face, later told officers that he went to a hospital for treatment, according to the affidavit.

Defense attorneys and witnesses have challenged the account officers detailed in the affidavit.

Five teenagers were charged with aggravated assault, which is a felony, and other misdemeanor offenses, according to two sources with knowledge of the case.

Quakertown police and Bucks County prosecutors have declined to release details of the arrests, including the students’ names and ages and the charges against them.

The teenagers were detained until Tuesday, when they appeared before a Bucks County judge. By late Thursday night , all five teenagers had been released.

Videos recorded by bystanders and obtained by The Inquirer show portions of the struggle from different angles. In one clip, McElree, who was dressed in plain clothes, appears to wrap his arm around a girl’s neck. Witnesses have said he did not identify himself as the police chief before engaging physically with the teenagers.

The affidavit makes no mention of a chokehold.

The Bucks County District Attorney’s Office is investigating the incident. On Thursday, a spokesperson said the office was renewing “our request to the community for any footage, photos, or information that they may have to ensure a thorough investigation.” .

Timothy Prendergast, who represents the 15-year-old girl seen in videos being held in what appears to be a chokehold by McElree, questioned whether the Bucks County District Attorney’s Office can conduct an impartial investigation while prosecuting the teenagers.

“It’s hard to believe that a district attorney’s office — which has charged our clients with felonies, continues to argue for their detention, and has already labeled the chief a victim — will do an independent review of what happened,” he said.

Prendergast and Ed Angelo, who represents a different 15-year-old accused of striking McElree in the shoulder, said they plan to ask the Pennsylvania attorney general to intervene. “We need a truly independent investigation,” Prendergast said.

Prendergast said his client is the teenager accused in the affidavit of hitting McElree with her backpack. In video footage reviewed by The Inquirer, her backpack appears to remain on her back as McElree takes her to the ground.

Prendergast contended that affidavits of probable cause reflect law enforcement’s theory of a case, not established facts. “Probable causes are not for the truth of the matter,” he said. “They are for the commonwealth’s circling of the wagons — what their version of the facts are, which insulates their culpability in this matter.”

Angelo said that his client also denies hitting the chief and that the charges against her should be withdrawn. He said the situation escalated only after McElree inserted himself into the confrontation.

“I think it’s time for the adults to be adults and pull the plug on this,” Angelo said.

Another adult who entered the altercation was initially placed in handcuffs but was not charged. In one video, an officer can be heard telling the man that the person involved was McElree — suggesting the man did not realize he was grappling with the police chief.

McElree has not spoken publicly since the incident and has not returned phone calls and text messages seeking comment.

Some Quakertown residents have called for McElree’s ouster. Quakertown Community School District officials have said they expected to hear concerns from community members Thursday evening at a scheduled board meeting.

This article was updated to reflect new information that, as of late Thursday night, all teenagers had been released from custody.