BULLETS FLY
Fleeing suspect shot after he takes aim at police, cops say
UPLAND » A Chester man was shot in the buttock Thursday night during an exchange of gunfire with police amid a lengthy foot pursuit – an ordeal that began with a pedestrian stop precipitated by “the most minor” of jaywalking infractions, authorities said Friday.
There were no police injuries - an outcome that drew sighs of relief from law enforcement officers and their supporters all across the county, according to social media messages posted in the wake of the police-involved shooting incident.
Charged with two counts of first-degree attempted murder and related offenses, Louis Burton, 32, of the 1300 block of West Ninth Street, was preliminarily arraigned at bedside Friday at Crozer-Chester Medical Center, where he remained in stable condition and under prison guard, Upland Police Chief Michael Irey said.
Additionally charged with assault of a law enforcement officer, aggravated assault, reckless endangerment, resisting arrest, firearms not to be carried without a license, possession of a prohibited firearm, possession of marijuana, and a pedestrian control signal offense, Burton’s bail was set at $500,000 cash. Upon his release from Crozer, Burton will be transferred to the county prison.
“It was the most minor of pedestrian infractions,” Irey said Friday as he relayed the course of events which began when Upland Police Officer Luke McCann stopped two men for illegally crossing against a traffic signal at President’s Drive and Upland Avenue shortly after 7:30 p.m. Thursday.
Only Louis Burton was charged in connection with the police-involved shooting, according to the probable cause affidavit, written by Upland Police Cpl. Anthony DeLuise and county Detective Anthony Ruggieri.
Early in the pedestrian stop, McCann noticed Burton making furtive movements, causing McCann “to become alarmed (he) was possibly attempting to conceal something on his person,” the affidavit states.
McCann ordered Burton to return back to his marked police vehicle. McCann issued the command a second time. It was then that Burton fled on foot.
McCann gave chase, pursuing Burton onto Upland Avenue, then making a right onto West 21st Street, where they ran into an alley between the 300-400 block of West 21st Street in Chester. There, Upland Officer Daniel Lemmon entered the pursuit, running behind McCann. Both McCann and Lemmon ordered Burton to stop. The officers threatened to use their Tasers. At this point, McCann deployed his Taser, but the jolt was unsuccessful, the affidavit states.
Burton continued to run through the alley, with McCann and Lemmon behind. McCann then saw Burton “reach into his jacket with his right hand, withdraw a firearm, turn around toward McCann and Lemmon, point the weapon at (McCann and Lemmon) and fired one round in their direction,” the affidavit states.
According to the affidavit, McCann saw the fired round strike the ground in front of them and ricochet.
“At this time … McCann drops his Taser, draws his service weapon and fired one round at … Burton,” but missed, the affidavit states.
Burton continued to flee, with McCann and Lemmon still in pursuit. At that point, Burton made a right onto West 22nd, toward Wetherill Street. While running on Wetherill, Burton made an immediate right turn into an alley between West 22nd and West 23rd streets. As he was making an attempt to exit the alley onto Crozer Street, Burton was met by Chester Township Police Cpl. Joseph Hughes who, at that point, joined in the foot pursuit.
Still on Crozer Street, Burton ran onto West 22nd Street, heading toward Howard Street.
During the ongoing pursuit, McCann and Lemmon advised Hughes that Burton was still armed with a gun.
Hughes, now on West 22nd street and in front of McCann and Lemmon, ordered Burton to drop his firearm. Burton did not comply, according to the affidavit.
Burton, the affidavit states, turned to his right and raised his right hand, which was holding the firearm, the affidavit states. Hughes again ordered Burton to drop the weapon, but Burton again failed to comply.
Both Hughes and McCann fired their service weapons, “stopping and neutralizing the threat” by Burton, the affidavit states.
The officers’ weapons were described as .45-caliber semi-automatic handguns.
According to the affidavit, Burton was detained and his 9 mm semi-automatic weapon lying on the pavement next to him was secured.
Burton suffered a shattered femur when a bullet entered his buttock and traveled down his leg, according to authorities. Before he was transferred to Crozer, Burton was found to be in possession of marijuana, the affidavit states.
At the crime scenes, investigators recovered a single 9 mm shell casing from the alley between West 21st and West 22nd streets, and an addition two 9 mm shell casings in the 100 block of West 22nd Street, according to the affidavit.
Altogether, 25 to 30 shell casings were recovered as part of the investigation, Irey said Friday. Irey could not say how many shots were fired by the officers.
According to the affidavit, a check of Burton’s criminal history revealed an active protection from abuse order, which indicates that he is prohibited from possessing and or purchasing a firearm.
McCann, an Upland officer for little more than a year, and Hughes, an eightyear Chester Township police veteran, have been placed on administrative duty pending an investigation by the Delaware County District Attorney’s Office, Irey and Chester Township Police Chief Kenneth Coalson said.
In addition to the district attorney’s office, the case remained under investigation by the Delaware County Criminal Investigation Division, and Chester and Upland police.