‘I’M GOING TO KILL YOU’
D.A.: UPPER CHI MAN STABBED SLEEPING MAN, THEN IS SHOT BY POLICE IN CONFRONTATION
UPPER CHICHESTER >> A 24-yearold township man who was shot by police after allegedly advancing on them with a knife has been charged with the attempted murder of another civilian and aggravated assault against three police officers in two incidents that took place early Monday morning.
“James Michael Toy is a dangerous, violent individual who choked and stabbed the victim in the middle of the night in the sanctity of his own home,” said Delaware County District Attorney Katayoun M. Copeland in a release. “The defendant then advanced on officers, armed with a knife, and failed to follow police orders.”
The release states that three Upper Chichester police officers were dispatched to a residence on the 900 block of Thornton Road at about 3:24 a.m. Monday for a report of a stabbing. They encountered Toy brandishing a knife and ordered him to drop the weapon, according to the release.
“Toy disregarded their commands and continued to advance towards the officers,” the release says. “Police officers discharged their weapons, striking Toy in the hand.”
County detectives Robert Lythgoe, Edmond J. Pisani, Vincent Ficchi, and Thomas Scarpato were later called in to investigate and spoke with the stabbing victim.
The victim told detectives he was asleep on his couch and woke up to find Toy on top of him, according to the release. Toy allegedly began to choke the victim, who called out for help as they started to wrestle.
Toy stabbed the victim in the left side of his face and left hand, according to the release, then put his hand in the victim’s mouth and said, “Shut up, I’m going to kill you.”
The victim was able to throw Toy off and escape through the front door, according to the release. The victim told detectives that he then saw Toy moving toward the Upper Chichester officers outside with the knife still in his hand. The victim said he heard officers telling Toy to freeze and repeatedly told him to drop the weapon before they fired, according to the release.
Copeland spokeswoman Emily Harris said none of the officers were injured and the victim did not sustain life-threatening injuries.
Toy, also of the 900 block of Thornton Road, is additionally charged with possessing an instrument of crime and terrorist threats, according to the release.
He was preliminarily arraigned before Magisterial District Judge Deborah A. Krull and remanded to the county prison after failing to post $1 million cash bail, according to online court records.
A preliminary hearing is scheduled for Oct. 23 before Magisterial District Judge David R. Griffin.