Jury convicts woman of assaulting officer

It took jurors less than 10 minutes to return with a guilty verdict for a theft suspect who attempted to flee.

NORRISTOWN » With one of the quickest verdicts in recent memory in Montgomery County Court, a jury convicted a Philadelphia woman of charges she assaulted a Whitpain police officer while trying to flee in her vehicle during a theft investigation.

The jury deliberated about 10 minutes before convicting Sophia L. Shaw, 43, of charges of aggravated assault, resisting arrest, theft by deception, disorderly conduct and recklessly endangering another person in connection with the 4:20 p.m. June 2, 2017, incident outside the Home Goods store on Skippack Pike in the Blue Bell section of Whitpain.

Common Pleas Court Judge Steven C. Tolliver, who presided over the twoday trial, deferred sentencing so that court officials can complete a background investigation report about Shaw, including drug and alcohol evaluations.

Shaw, who remains in the county jail while awaiting sentencing, faces a possible maximum sentence of 17 to 34 years in prison on the charges. However, state sentencing guidelines could allow for a lesser sentence.

Assistant District Attorney Matthew Brittenburg vowed to seek jail time against Shaw, arguing that one of three officers injured during the incident suffered a serious back injury.

“It’s a state prison case. It’s absolutely warranted. She had opportunity after opportunity to stop. She was hell bent on getting away. She was a danger to the police officers. One of them was seriously hurt,” Brittenburg said.

During the trial, defense lawyer James Lyons conceded to the theft, disorderly conduct and resisting arrest charges. However, Lyons challenged the aggravated assault charge, arguing Shaw’s conduct did not rise to the recklessness required under the law to support that charge.

Lyons didn’t dispute that an officer was injured. However, he argued Shaw, of the 5400 block of Whitby Avenue in Philadelphia, had no intent to harm officers and suggested the incident was accidental.

“She was disappointed in the verdict,” Lyons said on behalf of Shaw, adding he was shocked by “the speed of the verdict.” “She had no desire to hurt anybody and I think that was clear.”

An investigation began when Whitpain police responded to the Home Goods store in the 1300 block of Skippack Pike for a report of a retail theft in progress during which the suspect was not cooperating with store loss prevention officials.

Store officials observed Shaw enter the store at 3:41 p.m. with a cartful of merchandise, which she returned without a receipt and was given a gift card for $699.49, according to the arrest affidavit filed by Whitpain Police Officer Stephen Nickel.

Store security then observed Shaw proceed to fill the cart again with Home Goods merchandise and then attempt to deceive a cashier by trying to return the items totaling $498 that she never purchased, according to the criminal complaint. At that point, a store security officer approached Shaw and asked her to accompany him to his office to discuss the returns.

“Shaw refused to comply and exited the store,” Nickel alleged, adding store officials then contacted police.

“When police arrived she tried to flee,” Brittenburg alleged.

When police arrived on the parking lot Shaw ran to her vehicle, a Chrysler minivan, and refused police commands to exit the vehicle, according to the criminal complaint. Officers tried to grab Shaw’s arms as the struggled to put her vehicle in drive and leave the shopping center, police alleged.

“Shaw refused to exit the vehicle when the minivan lunged forward as the tires were screeching and she then slammed on the brakes,” Nickel alleged, adding police eventually were able to pull Shaw out of the vehicle and take her into custody.

Two officers sustained minor injuries during the struggle and were treated at the scene by ambulance personnel for abrasions. A third officer who attempted to remove Shaw from her vehicle suffered a back injury when he “was thrown backward when Shaw was attempting to flee the scene in a reckless manner with no care for the safety of persons in her path,” Nickel alleged.

“She was hell bent on getting away. She was a danger to the police officers. One of them was seriously hurt.”

— Montgomery County Assistant District Attorney Matthew Brittenburg