Man accused in shootout dies awaiting hearing

David John Naumenko was charged with attempted murder

An Upper Providence man accused of firing multiple gunshots at police officers who responded to a psychiatric emergency at his home in March died late Monday, just hours before a court hearing was to convene on a request that he be released from custody to hospice care.

“His condition was bad and getting worse by the hour,” defense lawyer James P. Lyons said on Tuesday, confirming that David John Naumenko, 63, died overnight at Einstein Hospital. “We were able to get his family in to spend time with him the last few days. I feel bad for his family, obviously, but I am happy for the fact he did not die in the jail. That was my main goal here.”

An emergency hearing had been scheduled for 9 a.m. Tuesday in Montgomery County Court on Lyons’s petition seeking a “compassionate release” for Naumenko. In the petition, Lyons maintained that Naumenko, of the 1400 block of Meadowview Lane in the Mont Clare section of the township, suffered from esophageal and liver cancer and was on palliative care only, and that his life expectancy was measured in days.

Naumenko was being held on $2 million bail while he was awaiting court action on charges of attempted murder of a law enforcement officer, assault of a law enforcement officer, aggravated assault, firearms not to be carried without a license, risking a catastrophe, simple assault and recklessly endangering other persons in connection with the alleged March 16 incident.

Naumenko’s preliminary hearing on the charges had been postponed several times while he underwent mental health evaluations and officials addressed his competency to stand trial. That preliminary hearing was tentatively scheduled for Oct. 5.

Naumenko was admitted to the hospital on July 27 and had been under guard. Treating physicians at the hospital wanted to discharge Naumenko “as there is nothing more than can do” and Naumenko required hospice care, Lyons maintained in court documents.

However, Lyons said, hospice facilities would not accept Naumenko if he was in “a custody status.”

Lyons was expected to ask a judge on Tuesday to reduce the $2 million bail to unsecured bail so Naumenko “can die in hospice” as opposed to at the county jail.

Lyons maintained officials of Prime Care Medical, which provides medical services at the Lower Providence jail, had determined there were no means at the jail to provide the type of round-theclock “comfort care” that Naumenko needed, including the administration of morphine to reduce pain and suffering, and that he would be better served at an inpatient hospice or skilled nursing facility.

District Attorney Kevin R. Steele had been set to argue against Naumenko’s release during Tuesday’s scheduled hearing.

“We were planning on contesting his release with no bail based upon a number of circumstances. He was charged with very serious offenses,” Steele said.

“There are numerous victims in this case. His wife is one, but these officers went to help someone who was seemingly in some type of crisis and what they walked into is a gunman intent on killing them. But for the grace of God we would be in a very different circumstance,” Steele added.

Authorities alleged Naumenko fired at least 17 gunshots at police during the shootout in a populated condominium community.

Commenting on Naumenko’s death, Steele added, “Everybody here is saddened for the family, including the wife who was also a victim of the defendant’s actions.”

Naumenko’s death leaves many questions, Lyons said.

“It’s sad all the way around. We’re never going to know why he had a psychotic break that day. There’s so much about this case that is unknown and that we’ll never know,” Lyons said. “Another thing we will never know is whether he had cancer of the brain. It could be an explanation for the bizarre, violent behavior. We don’t know.”

Alana M. Hook, director of policy and social services for the county Office of the Public Defender, said she last spoke with Naumenko by phone last Saturday.

“He was not able to provide me with any concrete details of what was happening around him. So our conversation was short and just a check-in to let him know he wasn’t alone,” Hook recalled.

Last week, defense lawyers and prosecutors signed off on court orders that allowed Naumenko’s wife, who was considered a victim in the case, and his two brothers to visit him while he was in the hospital and still in custody.

“We did a lot to make sure that he had dignity and closure, knowing how terminal he was and how his condition was dwindling day by day,” Hook said.

The investigation began at 2:59 a.m. March 16 when Upper Providence police were dispatched to the Meadowview Lane residence after a family member called 911 to report a behavioral/psychiatric emergency. Naumenko’s wife reported that Naumenko was having a mental breakdown, “has guns” and was leaving their residence but was “harmless,” according to the criminal complaint filed by county Detective Gregory Henry.

The first arriving officer observed a pickup truck in front of the residence and Naumenko was observed pushing his wife toward the open passenger door. Naumenko began firing a volley of gunshots at police.

Detectives alleged that one bullet grazed the back of the police officer’s uniform and struck his radio cord, disabling his police radio.

Officers returned fire during the shootout, firing seven gunshots.

Naumenko eventually fled in his truck while continuing to fire shots at police but crashed the truck into three parked vehicles. Police observed Naumenko’s wife exiting the passenger side of the truck and were able to secure her safety.

Naumenko allegedly continued shooting at the officers at that location but they maintained cover and did not return fire.

A Limerick Township police officer arrived to assist as shots continued to be fired by Naumenko. The Limerick officer was able to gain access to a second-story apartment in the area in an attempt to observe the suspect from a window when he was fired upon, according to court documents.

As Naumenko allegedly reloaded his weapon, the Limerick officer discharged his patrol rifle, striking Naumenko once in the upper right arm and causing him to fall to the ground.

Members of the Montgomery County SWAT Western Region responded to the area and took Naumenko into custody and he was treated for his gunshot wound.

“It’s sad all the way around. We’re never going to know why he had a psychotic break that day. There’s so much about this case that is unknown and that we’ll never know.” — defense lawyer James P. Lyons

Naumenko