Bucks police absolved in suspect's death

A Bucks County police officer who shot and killed a fleeing suspect earlier this month was justified in his use of force, according to an investigation completed yesterday.

Officer Timothy Dockery of Plumstead Township shot Brian Simmermon, 40, of Riegelsville, once in the back after a high-speed car and foot chase near Route 611 on Sept. 11.

Dockery and another Plumstead officer, Robert Lawn, saw Simmermon wave what they believed to be a gun out of the window of a stolen pickup truck while they pursued him, Bucks County District Attorney Michelle Henry said. Simmermon reached speeds of 100 m.p.h. before the cars collided and Simmermon fled on foot, Henry said.

Simmermon did not stop running even after Lawn fired two warning shots into the air, Henry said. Witnesses heard Simmermon yell, "That's not good enough. You're going to have to kill me," she said.

Lawn, who suffered a head injury during the car crash, tripped and fell in a wooded area, Henry said. As Simmermon approached an office building, he reached into his waistband, Henry said. "Don't pull that gun out," Dockery yelled.

Investigators say Simmermon turned around to face Dockery, with the object in his hand. Dockery fired as Simmermon was turning back. An autopsy showed Simmermon died from a single gunshot wound to the back.

Investigators later found a pair of industrial shearing scissors near Simmermon, Henry said.

"It is clear that the officer was reasonably justified in believing his life was in danger," Henry said yesterday.

Simmermon had fled from an Allentown halfway house about three weeks before his death, and is believed to have broken into several homes and stolen cars before he was shot by police. He had cocaine and morphine - an indicator of heroin use - in his system, Henry said. Police also found four bags of heroin in the pickup truck.

Simmermon's girlfriend told investigators that he had become despondent in previous weeks and said he couldn't go back to prison. He told her he was either going to overdose or else "the cops are going to kill me," Henry said.

Both officers, who were placed on administrative duty pending the investigation results, can return to patrol.