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Watching The Cops
See other Watching The Cops Articles

Title: Officer charged with killing unarmed driver lying facedown (expired inspection sticker)
Source: Yahoo News / AP
URL Source: http://news.yahoo.com/pa-officer-ch ... narmed-motorist-165424205.html
Published: Mar 26, 2015
Author: MARK SCOLFORO
Post Date: 2015-03-26 21:01:20 by Hondo68
Keywords: None
Views: 8314
Comments: 38

Hummelstown, Pa., Police officer Lisa Mearkle walks into District Judge Lowell A. Witmer's office in West Hanover Twp., Tuesday, March 24, 2015, for her preliminary arraignment in connection with the shooting death of David Kassick during a traffic stop in February 2015. She was charged with criminal homicide, and is being held without bail over the Feb. 2 shooting. Investigators say Mearkle had incapacitated Kassick with a stun gun and he was on the ground when she shot him twice. She told investigators she thought he was reaching into his jacket for a gun.(AP Photo/PennLive.com, Mark Pynes)
Hummelstown, Pa., Police officer Lisa Mearkle walks into District Judge Lowell A. Witmer's office in West Hanover Twp., Tuesday, March 24, 2015, for her preliminary arraignment in connection with the shooting death of David Kassick during a traffic stop in February 2015. She was charged with criminal homicide, and is being held without bail over the Feb. 2 shooting. Investigators say Mearkle had incapacitated Kassick with a stun gun and he was on the ground when she shot him twice. She told investigators she thought he was reaching into his jacket for a gun.(AP Photo/PennLive.com, Mark Pynes)

HARRISBURG, Pa. (AP) — 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.

"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."

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.

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.

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Begin Trace Mode for Comment # 13.

#8. To: hondo68 (#0)

"Mr. Kassick is now dead as a result of a traffic stop, a routine traffic stop,"

Mr. Kassick turned this routine traffic stop into much more than that.

Forget the expired inspection and emissions stickers. We got fleeing and eluding, resisting arrest, DWI, and possession of drug paraphernalia.

Run away from the cops and bad things happen. F**k him.

misterwhite  posted on  2015-03-27   9:10:46 ET  Reply   Untrace   Trace   Private Reply  


#9. To: misterwhite (#8) (Edited)

Mr. Kassick turned this routine traffic stop into much more than that.

This is true... no denying this fact. To ever think that all situations are controlled and dictated by police is ignorant in thinking. Police REACT to the suspects ACTIONS. It is the suspect that normally dictates how high stress incidents go, even if Deckard likes to defend them all. When a motorist runs, takes an officer on a pursuit, flees from the car, fights with the officer or resists the normal, everyday process of a V&T stop... it's gotta make you wonder as a police officer, what this character is up to or willing to do.

With all that said, she's been trained extensively in "use of deadly physical force"... hopefully she was also trained in high stress, quick decision making situations. She needs to make sure she is AUTHORIZED to take human life before pulling the trigger. The video on the taser might not show she had that. We shall see.

GrandIsland  posted on  2015-03-27   9:26:29 ET  Reply   Untrace   Trace   Private Reply  


#12. To: GrandIsland (#9)

"it's gotta make you wonder as a police officer, what this character is up to or willing to do."

To me, that's the key issue.

A cop reacts much differently to a driver reaching into his jacket during a routine traffic stop as opposed to a driver reaching into his jacket after driving away, fleeing, resisting, and ignoring police commands to "stop and show me your hands".

misterwhite  posted on  2015-03-27   9:39:53 ET  Reply   Untrace   Trace   Private Reply  


#13. To: misterwhite (#12)

To: GrandIsland "it's gotta make you wonder as a police officer, what this character is up to or willing to do." To me, that's the key issue.

A cop reacts much differently to a driver reaching into his jacket during a routine traffic stop as opposed to a driver reaching into his jacket after driving away, fleeing, resisting, and ignoring police commands to "stop and show me your hands".

I would definitely have a heightened alert, given the same circumstances of this case. Plus she was a female officer without back up...IMHO, it takes less of a perceived threat to justify a female to use DPF. Let's be clear, almost any male suspect could beat a female officer to death if he so chooses to.

This is why I'm not a huge fan of female officers. As a chief or sheriff, I doubt I'd hire one. OK... time for all the chicks on this venue to attack Grandisland in 3... 2... 1

GrandIsland  posted on  2015-03-27   9:48:06 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 13.

#17. To: GrandIsland (#13)

This is why I'm not a huge fan of female officers. As a chief or sheriff, I doubt I'd hire one. OK... time for all the chicks on this venue to attack Grandisland in 3... 2... 1

Waiting for the vast horde of Women Of LF... waiting... waiting... waiting...

Is getting into a deadly force situation over an inspection sticker without any backup actually a good idea for any cop?

She had his car. If he runs, call for backup. Losing the car is enough punishment if he chooses to evade the law.

Tooconservative  posted on  2015-03-27 10:14:21 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 13.

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